Case Filed Even After Receiving Payment U/s 138 N I Act | Vkeel - Free Legal Advice

R Kumar

Hyderabad

I had issued Post-Dated cheques towards payment of EMI for a loan being availed. I had regularly cleared the cheques for 20 months out of 36 months. The Cheque related to the 21st EMI got returned. The beneficiary of the cheque issued a notice u/s 138 N I Act asking to pay the cheque amount within 15 days of receiving the notice. The cheque amount has been paid through online transfer on the 11th day of receiving the notice (and it happens to be the 15th day from the date of notice). The payment has been received and acknowledged by the beneficiary. In spite of receiving the payment very much within the stipulated time of notice, the beneficiary had filed a case u/s 138 N.I. Act and I received the summons from the court in Kolkata. I live in Hyderabad. Please advise

Expert's Answers(4)

H K Chaturvedi, Advocate Supreme Court.
Noida, Uttar Pradesh

12 Client Ratings

Dear Kumar, You may file quashing petition under Section 482 of Criminal Procedure Code in High Court. We got several cases quashed like this in various High Court.

December 24, 2020
Advocate Anurag Sharma
New Delhi, Delhi

1 Client Ratings

you shuld go to the court and disclose about all this in court I will suggest you sone useful point regarding this for more information book our counseltncy

December 23, 2020
Advocate J L Naagar
Jalandhar, Punjab

169 Client Ratings

Though you have cleared the amount of the dishonoured cheque but you have to put this fact Before The Court to getting your discharged on this ground. Engage a counsel to represent you in the court. Matter is not at serious but representation is must. Please don't treat it lightly and act immediately.. Please give me Rank Five and follow me after reviewing my resume and book a consultation for further discussion and explanation if required.

December 19, 2020
Advocate Anik
Bengaluru, Karnataka

66 Client Ratings

As you have paid the dues there can be no legal action initiated against you. If the Court has sent you a summons notice you have sufficient evidence to prove that you have paid your dues on time. Please Consult us if you need help to resolve the courts summons. Best Regards,

December 18, 2020