The “Complainant Under Section 138 of the Negotiable Instruments Act (NI Act)” refers to an individual or entity who initiates legal action against a defaulter for dishonor of a cheque due to insufficient funds or other reasons specified under Section 138 of the NI Act. This section of the Act specifically deals with cases of dishonored cheques and outlines the legal consequences for such offenses.
The complainant, often the payee of the dishonored cheque, files a complaint with the appropriate judicial magistrate under Section 138, seeking legal recourse against the issuer of the bounced cheque. The complaint must be filed within a specified period from the date the cheque was dishonored, and it must meet certain legal requirements outlined in the Act.
The role of the complainant under Section 138 NI Act is pivotal in pursuing legal action against the defaulter. The complainant is required to provide evidence supporting the dishonor of the cheque, such as the original cheque, bank records, and a notice of demand for payment sent to the drawer of the cheque.
Once the complaint is filed, the legal process commences, and if the court finds merit in the complaint and the evidence presented, it may issue summons to the defaulter to appear in court. The complainant plays a crucial role in presenting their case and seeking redressal for the dishonored cheque as per the provisions of the NI Act.