Sections 138 to 147 of NI Act -Cheque dishonour -Complaint – Indian Bank Association judgement

0

Kanooni Charcha by Rtd Judge / Former Member Public Service Commision J&K -on topic -Sections-138 to 147 of The Negotiable Instruments Act -Filing of Complaint for Commission of offence u/s 138 of N I Act only after compliance of provisions as detailed in its proviso -Validity period of the Cheque -three months as per notification of RBI-service of demand notice within thirty days on receipt of information of dishonour of cheque by the Bank -If payment not made within fifteen days -complaint can be filed -Really speaking period of filing of complaint is forty five days -Thirty days of demand notice & wait of fifteen of making payment Judgement of Supreme Court-Indian Bank Association V S Union of India (2014) -Post cognisance -Recording of preliminary statement of complaint by way affidavit -permitted -Direction were made to all Judicial Magistrates of Indian Court

Leave a Reply

Your email address will not be published. Required fields are marked *