hello all experts, i have received one cheque just 4 days ago from one person who has purchased by diamond bracelet. today i enquired his bank and was informed that his account was a salary account and freezed by bank for last one year as there was no credit of his salary into that account and if to deposit the cheque then it will be remarked as 'acount blocked'. please let me know whether section 138 applies in such a case. thanks
in my opinion you may send a notice demanding to pay the amount of cheque allowing the payee 15 days from the date of receipt of ur demand notice- but u must send the notice within 30 days from the date of receiving the information that the payee has instructed the bank to stoped payment. if the payee has not pay the amount demanded after laps of 15 days, u may file a case U/S 138 NI Act, as 'ACCOUNT BLOCKED" has the same status as " INSUFFICIENT FOUND"
Yes, section 138 N. I. Act will be applicable. All you have to do is (i) send notice stating facts and demanding the amount from him within 15 days from the date of receipt of your notice by Regd A/D as well as UPC at his last known address (ii) remember to give this notice within one month from the date of dishonour of the said cheque (iii) file the case within one month from the date of receipt of the demand notice by him (iv) Pl. do also remember to file the case after the 15 days period granted to him from the date of receipt of your demand notice or else your complaint could be premature.
The person has given the cheque from out of a freezed account for about one year which is known to him. In that case apart from the NI Act I hope that Sec. 420 of IPC will be attracted. Here we have to check whether the ingredients of Sec. 420 are attracted and if the answer if yes then the person who gave the cheque can be simultaneously prosecuted for the offence under that Section also.