Whether prosecution of accused under section 138 of the Negotiable Instruments Act is hit by the bar created by sub-section(2) of Section 69 of the Indian Partnership Act, 1932.

Uncategorized1 Comment

Complaint under section 138 of the N.I. Act is criminal in nature. It, therefore, cannot be stretched to bar which is in the nature of temporary bar to the suit. Section 138 of the N.I. Act is in the nature of a panel provision with the objective to inculcate faith in the banking transactions. The…

I had filed a complaint of cheque bouncing in the court of Judicial Magistrate 1st Class (JMIC) at Amritsar. The amount of cheque is ₹ 5 Lacs. I have been informed by my counsel that due to delay in filing the complaint, my case has been dismissed. What is the remedy now left out to me, please advice?

Legal Advices2 Comments

If the complaint filed by your counsel indicated adequate and sufficient reasons for not being able to institute the complaint within the stipulated period, the impugned order of dismissal of complaint can be set aside. The reasons for delay in filing the complaint beyond the period stipulated in the Negotiable Instrument Act has to be…