Chennai | 16 Dec, 2019 (5 months, 2 weeks ago)

General Advice

Cheque Dishonor Case Section 138

Dear Sir, I am a South India Based travel agent booked a International Flight tickets and Hotel Booking for a refferal based Client in Ahemdabad for Invoice value of 6,33,000.00. Client cheque was bounced and after so many follow up he's not making payment so we have send a legal notice to him. After receiving notice he paid 1,30,000.00 and rest of the balance amount he's not making and giving excuses everyday. Notice period is also lapsed by 45 days... what shall we do to recover the amount .
Answers

Dear Sir,
You may file complaint seeking condonation of delay under the following provision of law or file a civil suit.
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Section 142 in The Negotiable Instruments Act, 1881
23 [ 142 Cognizance of offences. —Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)—
(a) no court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque;
(b) such complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso to section 138: 24 [Provided that the cognizance of a complaint may be taken by the Court after the prescribed period, if the complainant satisfies the Court that he had sufficient cause for not making a complaint within such period.]


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