bank account frozen ....

Advocate.S.A.Siddiq (Querist) 12 May 2010 This query is : Resolved
Dear experts, Please explain that , whether Account Blocked / Freezed / frozen comes under section 138 N.I.Act or not?
Post dated cheque issued... cheque presented .. returned from bank... with remarks account frozen.

How to claim the cheque amount from accused?

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Arvind Singh Chauhan (Expert) 12 May 2010
Account Blocked / Freezed / frozen does not come under section 138 N.I. act, though he is criminally liable for cheating. Amount can be recovered through filing civil suit for recovery.

Raj Kumar Makkad (Expert) 12 May 2010
I do agree with arvind.

G. ARAVINTHAN (Expert) 13 May 2010
138 - only for bouncing of cheque for insufficient funds

B K Raghavendra Rao (Expert) 13 May 2010
When the account has been frozen it indicates that there is something very serious against the account holder. Under frozen accounts, only money can be deposited but not taken out. NI Act does not apply in such special circumstances.

Civil suit can be filed for recovery of money.