Cheque of merged Bank

Vijay Kumar (Querist) 27 June 2010 This query is : Resolved
A cheque dated 10/5/2010 drawn on Centurion Bank of Punjab(CBoP) has been issued.CBoP had merged with HDFC Bank about 2 years ago.Cheque was presented to HDFC Bank on 26/5/2010 and was returned with a report "Account Closed".
What defence,the drawer/accused may take? Kindly suggest.

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Parthasarathi Loganathan (Expert) 27 June 2010
The beneficiary can only proceed against the drawer of the cheque for dishonour as the status of the bank has no relevence

Arun Kumar Bhagat (Expert) 27 June 2010
Merger of the Bank will not affect the merit of the case. You can take any other defence.
By---Arun Kr. Bhagat, Advocate.

DEFENSE ADVOCATE.-firmaction@g (Expert) 27 June 2010
This where the hard efforts of the defense advocate comes in picture. Irrespective of law where most of the legal persons get confused the most imortantant thing is evidence on record.Courts can not go against the evidence on record and in cross examination nothing should be left for presumtion.

The law NI act opening lines says the account maintained and cheque issued from such account is bounced than accused is liable.

Frame a leading question in cross :

Does the complainant prove that accused was having an account with the HDFC bank.The answer has to be NO AND all replies thereafter will be no no and no.So how a accused can be covicted on such replies.

Vijay Kumar (Querist) 27 June 2010
Thank you very much, Shashikumar sir.There is also a circumstance which shakes the credibility of the complainant:
A person of ordinary prudence shall not accept the cheque of Bank which ceased to exist 2 years ago.It implies that the blank cheque was handed over to the complainant 2 years ago.
Am I right,sir?