Scope of offence u.s.138 nia (Criminal Law)

This query is : Resolved

Author : legaleagle

PRO CHAT CALL

Posted On 24 May 2012 at 18:38

FRIENDS KINDLY LET ME KNOW THAT IF BANK MEMO BEARS REMARKS "ACCOUNT NPA"...WILL IT COME UNDER THE SCOPE OF OFFENCE UNDER SECTION 138 NIA.
I AM FROM COMPLAINT SIDE AND ON CONSIDERATION OF SUMMONING STAGE MAGISTRATE IS ASKING FOR AUTHORITIES REGARDING IT.
KINDLY HELP ITS URGENT.

Expert : Naresh Kudal

PRO CHAT CALL

Posted On 24 May 2012 at 22:33

What is account NPA???

Author : legaleagle

PRO CHAT CALL

Posted On 25 May 2012 at 02:10

NON PERFORMING ASSEST.... In simple words defaulter of a bank

Expert : H. S. Thukral

PRO CHAT CALL

Posted On 25 May 2012 at 09:27

There is a case of Mumbai High Court, of 1995 ( exact citation I dont remember but could be found ) where a cheque issued from a " suit filed account" was held to be within mischief of 138 NIA.

Expert : ADVOCATE DEFENSE.

PRO CHAT CALL

Posted On 25 May 2012 at 09:30

Well I am for the accused and will find way out from any NI 138 cheque bounce case.

But still for this query NPA OR NO NPA complaint can be filed, no citation needed.

Expert : ajay sethi

PRO CHAT CALL

Posted On 25 May 2012 at 12:29

complaint is maintanable

Expert : V R SHROFF

PRO CHAT CALL

Posted On 25 May 2012 at 13:28

At the most, accused will go for revision against issue of process, and it's order will be clear. then Trial starts.
So in all cases, one is free to file complaint u/s 138 ni.

Expert : adv. rajeev ( rajoo )

PRO CHAT CALL

Posted On 25 May 2012 at 16:06

In my opinion it does not attract NI Act, but you will have to aver like that to cheat you he issued a cheque knowing full well that his account is NPA.