NRI Holding a Bounced Cheque from an Indian Company – Where Do You File in Delhi?
NRI holding a bounced cheque from an Indian company can still use Section 138. The court is generally where the cheque was presented for collection, not where…
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Partner Who Did Not Sign the Firm Cheque – Can He Be an Accused in Delhi?
Partner who did not sign the firm cheque can still be named if he was in charge of the firm’s affairs. A sleeping partner with no role is a different case.
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Amount in Words and Figures Differ on a Cheque – Does 138 Survive in Delhi?
Amount in words and figures differ on a cheque and the bank may return it. A Section 138 case in Delhi still needs a clear debt and a notice for a definite sum.
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Resigned Director Still Named in Delhi Cheque Case
Resigned director still named in a cheque bounce case in Delhi can seek discharge if he was not in charge when the cheque was issued. Resignation after the…
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Flat Handed Over but Club and Amenities Still Closed in Delhi NCR
Flat handed over but club and amenities still closed in Delhi NCR is a RERA defect if those were promised. Keys to the flat do not close the common-area claim.
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Same Cheque Presented Twice in Delhi – Does the Second Memo
Same cheque presented twice in Delhi can give a fresh memo but does the second memo start a new 138 clock? The notice and the complaint still have to match…
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Cheque in a Proprietors Trade Name – Who Do You Name in a Delhi 138 Complaint?
Cheque in a proprietors trade name is still the proprietor’s cheque. Name the person, and mention the trade name. Suing only the shop name is how the…
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Company Cheque Signed in a Personal Capacity – Who Is the Accused in a Delhi 138 Case?
Company cheque signed in a personal capacity still needs Section 141 if the drawer is the company. The signature alone does not make it only a personal case.
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EMI Cheques and One Security Cheque – Which Bounce Becomes a 138 Case in Delhi?
EMI cheques and one security cheque are not the same complaint. A bounced instalment cheque can be 138. A security cheque filled for the whole loan needs a…
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Cheque Returned Account Closed in Delhi – Is Section 138 Still Available?
Cheque returned account closed in Delhi can still support Section 138 if a debt existed. Closing the account after issuing the cheque is not a clean defence.
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