138 of n. i. act

Querist : Anonymous (Querist) 20 January 2024 This query is : Resolved
Respected Experts,
in a 138 matter, the accused a (Proprietary concern) in the beginning of their business, has issued four cheques from two different accounts towards the security. The Complainant has deposited all four cheques without intimation. out of four cheques two cheques were returned with reason "Funds insufficient" and the other two cheques were returned with remark "Account Blocked (situation covered in 21-25).
The complainant has filed a single complaint in respect of all four cheques.
can the complaint u/s. 138 of N. I. Act be maintainable?
Please guide me. Thanks in advance.

Follow Query

Report Abuse

kavksatyanarayana (Expert) 20 January 2024
I opine that no more than three cheques can be clubbed in one complaint under section 138 if the act committed is not in the series but in the form of the same transaction and should be done by the same person.

T. Kalaiselvan, Advocate (Expert) 21 January 2024
In cheque bounce case if the transaction is same and there are many cheques, one can file a single case for all of them. And if the transactions are different then in that case not more than 3 cheques can be clubbed together in one case.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Ask Query
Unanswered Queries

138 of n. i. act

Download LCI APP

Our Network Sites