About Adv. Suryanarayan M. Nadar

About Us

Advocate Suryanarayan M. Nadar was enrolled with the Bar Council of Maharashtra & Goa (MAH/4247/2012) in 2012 and has practised from Malad West, Mumbai since then. His practice is confined to matters under Section 138 of the Negotiable Instruments Act, 1881 — the statutory notice, complaint, trial, appeal and revision stages.

He appears before the Magistrate and Sessions Courts and the Bombay High Court, and maintains a working library of case law on Section 138 for reference in the conduct of matters.

This website is intended only to provide the visitor, at their own request, with general information about the advocate's qualifications and area of practice.
— Adv. Suryanarayan M. Nadar

The chambers' office address, telephone and hours are set out on the Contact page. A person who wishes to consult the advocate may make contact using those particulars, of their own accord. Consultations are by prior appointment only.

Contact Details

Particulars & Qualifications

Particulars Permitted Under the Proviso to Rule 36

The Schedule to Bar Council of India Resolution No. 50/2008 prescribes the particulars an advocate may furnish on a website. Those particulars, and no others, are set out below. They are true and genuine, and are furnished for the information of a visitor who has sought them of their own accord.

Enrolment

Name: Suryanarayan M. Nadar (Nadar Suryanarayan Murgesh, as on the Roll)

Enrolment Number: MAH/4247/2012

Date of Enrolment: 18 August 2012

State Bar Council: Bar Council of Maharashtra & Goa

Bar Association: Borivali Advocates Bar Association, Mumbai

Professional & Academic Qualifications

Law Degree: LL.B., University of Mumbai (Gopaldas Jhamatmal Advani Law College), 2011

All India Bar Examination: Qualified; Certificate of Practice, Bar Council of India, 2013 (COP/2013/17324)

Standing: In practice since 2012, confined to Section 138 of the Negotiable Instruments Act, 1881

Only genuine, verifiable qualifications are stated; particulars beyond those prescribed by the Schedule to Rule 36 are not published.

Address for Communication

Chambers: Shop No. 3, Harmony CHS Ltd, G. B. Marg, Opposite Orlem Church, Orlem, Malad West, Mumbai 400064, Maharashtra, India

Telephone: +91 70455 53656

Email: advocate@suryanadar.com

Office Hours: Monday to Saturday, 10:00 AM to 5:00 PM (consultations by prior appointment only)

Languages: English, Hindi, Marathi and Tamil

Area of Practice

Section 138 — Stated in Detail

The proviso to Rule 36 permits an advocate to state his areas of practice. The area of practice is matters arising under Section 138 of the Negotiable Instruments Act, 1881, and the provisions of Chapter XVII of that Act connected with it. Set out below is what that area comprises. This is a statement of an area of practice; it is not an offer of services and not a solicitation of work.

Section 138

The offence itself — the drawing, presentation and return of the cheque, the demand notice, and the failure to pay within fifteen days.

Sections 118 & 139

The presumptions as to consideration and as to the holder having received the cheque for the discharge of a debt or liability, and their rebuttal.

Section 141

Offences by companies, and the liability of persons in charge of and responsible for the conduct of the business at the relevant time.

Section 142

Cognizance of the offence, the period of limitation for a complaint, condonation of delay, and territorial jurisdiction under Section 142(2).

Sections 143 & 145

Summary trial of complaints, and evidence of the complainant given on affidavit, subject to the right to apply for cross-examination.

Sections 143A & 148

Interim compensation during trial, and the deposit directed by an appellate court in an appeal against conviction.

Section 147

Compounding of the offence, and the recording of settlements arrived at between the parties with the leave of the court.

Appeal & Revision

Appeals from judgments under Section 138 before the Court of Session, and proceedings before the Bombay High Court.

Scope of Practice

The Stages of a Section 138 Matter

A matter under Section 138 typically moves through several stages — the statutory demand notice, the complaint, the trial before the Magistrate, and, where applicable, appeal. The practice covers these stages, on either side.

Both the complainant (the holder of the dishonoured cheque) and the accused (a person who has received a demand notice or a summons) may require representation under Section 138, and the practice acts for either.

The statutory demand notice must be issued within 30 days of receipt of the bank's return memo.

Under Section 143A, a court may order interim compensation of up to 20% of the cheque amount; the power is discretionary.

Matters may proceed from the Magistrate Court to the Sessions Court and the Bombay High Court.

Background

Practice Timeline

A brief factual outline, alongside relevant developments in the law.

1881

The Negotiable Instruments Act is enacted, codifying the law relating to promissory notes, bills of exchange and cheques.

1988

Chapter XVII, containing Sections 138 to 142, is inserted by the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988, with effect from 1 April 1989 — making the dishonour of a cheque an offence for the first time.

1999

In K. Bhaskaran v. Sankaran Vaidhyan Balan, (1999) 7 SCC 510, the Supreme Court identifies the five components of the offence under Section 138.

2002

Sections 143 to 147 are inserted by the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 — providing for summary trial, evidence on affidavit, and the compounding of the offence.

2010

In Rangappa v. Sri Mohan, (2010) 11 SCC 441, a three-Judge Bench holds that the presumption under Section 139 extends to the existence of a legally enforceable debt or liability.

2012

Enrolled with the Bar Council of Maharashtra & Goa (MAH/4247/2012).

2014

Dashrath Rupsingh Rathod v. State of Maharashtra, (2014) 9 SCC 129, restates the law on the territorial jurisdiction of the court trying a complaint under Section 138.

2015

The Negotiable Instruments (Amendment) Act, 2015 inserts Section 142(2), fixing jurisdiction by reference to the branch of the bank where the payee maintains the account.

2018

The Negotiable Instruments (Amendment) Act, 2018 inserts Section 143A (interim compensation during trial) and Section 148 (deposit in an appeal against conviction).

2019

Basalingappa v. Mudibasappa, (2019) 5 SCC 418, collects the principles governing the rebuttal of the presumptions under Sections 118(a) and 139. In G. J. Raja v. Tejraj Surana, (2019) 19 SCC 469, Section 143A is held to operate prospectively.

2021

Directions of a Constitution Bench in In Re: Expeditious Trial of Cases Under Section 138 of NI Act, 1881, (2021) 16 SCC 116, on the conduct of trials under Section 138.

Present

Practice continues from Malad West, Mumbai, in matters under Section 138 of the Negotiable Instruments Act, 1881, before the Magistrate and Sessions Courts and the Bombay High Court.

The entries above relating to statutes and judgments are matters of public record, stated for general information. The entries relating to the advocate are limited to the particulars permitted by the proviso to Rule 36 of the Bar Council of India Rules. No case in which the advocate has been engaged is referred to.

What Guides Every Matter

Vision, Mission & Values

Approach

To conduct each matter under Section 138 with care and attention to its own facts.

Principle

To act for either side of a Section 138 matter — the holder of a dishonoured cheque or a person facing a notice or summons — within the framework of the law.

Values

Integrity in advice, confidentiality in every matter, and care in the preparation of every notice and complaint.

How the Practice Works

A Single Point of Accountability

Matters are handled directly by the advocate. The working method described below is followed for both complainant and defence matters.

Direct Conduct

Your matter is conducted personally from the first consultation through to the final order — one advocate accountable at every stage.

Research-Led Drafting

Notices, complaints and arguments are prepared against an indexed library of Section 138 jurisprudence, so positions are grounded in settled authority.

Strict Confidentiality

Every communication is treated as privileged. Documents are examined in person or shared over secure channels, and matters are never discussed externally.

Professional Obligations

The Duties an Advocate Owes

The conduct of every advocate in India is governed by the Advocates Act, 1961 and by the Standards of Professional Conduct and Etiquette framed by the Bar Council of India under Section 49(1)(c) of that Act (Part VI, Chapter II of the Bar Council of India Rules). Those standards are not aspirational statements; they are binding rules, and a breach is professional misconduct under Section 35 of the Act. They are set out here because they, and not any claim made on a website, describe what a client is entitled to expect.

Duty to the Court

To act with dignity and self-respect, and to conduct oneself with a respectful attitude towards the court, bearing in mind the dignity of the judicial office.

Not to influence the decision of a court by any illegal or improper means, and not to communicate privately with a judge on a pending matter.

To use restrained language, and to refuse to act in any illegal or improper manner towards the opposing party or counsel.

BCI Rules, Part VI, Ch. II, Section I.

Duty to the Client

Not to withdraw from an engagement once accepted without sufficient cause and reasonable notice, and to refund the unearned part of any fee on withdrawal.

To make full and frank disclosure of any interest or connection with the parties or the controversy, and not to act where there is a conflict.

Not to disclose any communication made in the course of the engagement, and to keep accounts of the client's money separate.

BCI Rules, Part VI, Ch. II, Section II; Section 126, Indian Evidence Act, 1872 (now Section 132, Bharatiya Sakshya Adhiniyam, 2023).

Duty to Opponents & Colleagues

Not to negotiate directly with the opposing party, but only through that party's advocate; and to carry out every legitimate promise made to the opponent.

Not to solicit work or advertise, directly or indirectly; not to permit one's name to be used for unauthorised practice; and not to accept a fee less than that taxable under the rules.

Not to enter appearance in a matter in which another advocate is engaged without that advocate's consent or the permission of the court.

BCI Rules, Part VI, Ch. II, Sections III and IV (including Rule 36).

Working Method

How a Matter Is Prepared

The sequence below describes the ordinary working method followed in the chambers in a matter under Section 138. It is a description of method, not a representation as to any result. Every matter turns on its own facts, and no outcome is assured or predicted.

Reading the Papers

The cheque, the return memo, the record of the underlying transaction and the correspondence are examined first, and the dates on which each period began to run are fixed.

Identifying the Question

The legal question that will decide the matter — limitation, service of notice, the existence of the debt, jurisdiction, or the liability of a company or its officers — is identified at the outset.

Research & Drafting

The notice, complaint, reply or defence is drafted against the reported authorities on the point, and is settled before it is issued or filed.

Conduct of the Matter

The matter is conducted through evidence, argument and, where the parties so decide, compounding under Section 147, with the position explained to the client at each stage.

On what a client is told. An advocate is not permitted to guarantee a result, and a person who is promised one should treat the promise with caution. What can properly be offered is an assessment of the strength and weakness of a position on the material available, an explanation of the procedure and of the periods prescribed by the statute, and a considered view on the options open — including the option of settlement.

On confidentiality. Communications between a client and an advocate made in the course of and for the purpose of the engagement are privileged. Papers are examined at the chambers or received through channels agreed with the client, and matters are not discussed outside the engagement.

On conflicts. A conflict check is made before an engagement is accepted. Where an interest or a connection with a party or with the controversy exists, it is disclosed, and the engagement is declined where the rules so require.

What a Visitor Should Bring to Mind

Dates first. The date of receipt of the return memo, the date of the notice, and the date of its service determine what is still open and what is not.

Papers matter. The cheque, the return memo, the postal receipts and acknowledgement, and the record of the transaction are the primary material in almost every matter.

Both sides have rights. The holder of a dishonoured cheque and the person who has received a notice or a summons each have distinct rights and defences under the Act.

Independent advice. Nothing on this website is advice. A person with a question should consult a qualified legal practitioner on their own facts.

Questions

About the Chambers

Matters under Section 138 of the Negotiable Instruments Act, 1881, and the provisions of Chapter XVII of that Act connected with it — at the stage of the statutory demand notice, the complaint, the trial, and appeal or revision.

The Magistrate Courts and Sessions Courts at Borivali, Andheri, Bandra and Mazgaon, and the Bombay High Court.

Either. A matter under Section 138 has two sides — the holder of the dishonoured cheque and the person who has received a demand notice or a summons. The practice acts on either side, subject to a conflict check.

Matters are conducted by the advocate personally. Where the assistance of another advocate is necessary for an appearance or for the conduct of a matter, the client is informed.

No. An advocate is not permitted to guarantee or predict a result, and no such assurance is offered. What can be offered is an assessment on the material available and an explanation of the procedure and of the periods prescribed by the statute.

No. Reading this website, or sending a message through it, does not create a lawyer–client relationship. Such a relationship arises only when an engagement is accepted after a conflict check and the terms of the engagement are agreed.

Because Rule 36 of the Bar Council of India Rules does not permit it. An advocate may not advertise or solicit work, may not publish photographs or comment in connection with cases in which he has been engaged, and may furnish on a website only the particulars prescribed by the proviso to that rule. Client confidentiality independently forbids it.

Notice. This page is an informational page. It is furnished at the request of the visitor and contains only (i) the particulars of the advocate permitted by the proviso to Rule 36 of the Bar Council of India Rules (Part VI, Chapter II, Section IV), as introduced by Bar Council of India Resolution No. 50/2008, and (ii) neutral statements of statutory law and of reported judgments in the public domain, stated for general information.

It is not an advertisement, not a solicitation or invitation of work, not an inducement, and not legal advice. No claim of superiority or comparative merit is made, no testimonial or endorsement is published, no result obtained in any matter is stated, and no outcome is promised or predicted. The particulars stated are true and genuine to the best of the advocate's knowledge.

The address of the chambers and the office hours appear on the Contact page. A person who wishes to discuss a matter may make contact of their own accord.

Contact Information

Disclaimer