cheque

Querist : Anonymous (Querist) 09 April 2010 This query is : Resolved
Dear All,

Cheque is deposited on bank and it is return for "NOT ARRANGED FOR "now cheque is not us then what we can do? Can I take any Criminal action.

Thanking you,

Smruti

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adv. rajeev ( rajoo ) (Expert) 09 April 2010
First make an enquiry in the bank for what reason " not arranged for"
Where the cheque is gone ?
if due to insufficient funds memo is issued as Not arranged for then you can take the criminal action against the issuer of the cheque

Parthasarathi Loganathan (Expert) 09 April 2010
Bank is legally bound to hand over the Returned cheque to the depositor alongwith the Cheque Return Memo. "NOT ARRANGED FOR" is the reason attached to any Cash Credit or Overdraft account where there are no funds to honour the cheque. If it is a SB or a CD cheque, bankers use "INSUFFICIENT FUNDS" for the same reason. That is the only difference.

bhupender sharma (Expert) 09 April 2010
Yes, u can file a compalaint under section 138 of the N.I Act, for the same there is no hindrence in this respect.

B.B.R.Goud. (Expert) 09 April 2010
i do agree with our learned counsel friends.

vipul vakharia (Expert) 09 April 2010
you can filled criminal complaint within time, after giving statutory notice u/s.138 (b)to drawer. It is matter of evidence. you can examine the bank witness and you can prove that there was no balance in the A/C.on particular date
vipul vakharia

Raj Kumar Makkad (Expert) 10 April 2010
If original returned cheque is not available with the drawer then he cannot file criminal complaint under section 138 NI Act. It is not merely matter of arrangement of money which constitutes offence under section 138 NI Act but it is the defiance of legal notice demanding the amount of cheque amount to be deposited within 15 days of its receipt.

If no notice has been made by him then no offence is constituted giving him a cause of action to file criminal complaint under section 138 NI Act.

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