Closed account cheques

Kumar K (Querist) 02 August 2022 This query is : Resolved
Someone gave 2 Cheques to me without dates and said please deposit next month or by next month, but when I verified in the bank the banker said this account was already closed and the concerned person denied giving other running account cheques. so what do I have to do further? can I give a complaint at the police station? and how to proceed legally. please advise

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Quick Summary

If you've received cheques from a closed bank account, you have legal avenues to explore. You can potentially file a complaint with the police or initiate proceedings under the Negotiable Instruments Act (NI Act), particularly Section 138, if the cheques were intended to discharge a legally enforceable debt. It's advisable to consult with a legal professional to assess your specific situation and gather all necessary documentation before taking action.

kavksatyanarayana (Expert) 02 August 2022
Why did that someone give you cheques? Is it for payment of the loan? Your query is not clear. If it is for repayment of the loan, then file a case under NI Act by consulting a local lawyer.

SHIRISH PAWAR, 7738990900 (Expert) 03 August 2022
Hello,

You can deposit the cheque if another person has instructed you to deposit. After deposit, if the cheque is dishonoured then you can file a cheque bouncing case against the other person.

Advocate Bhartesh goyal (Expert) 03 August 2022
You need to deposite cheques for it's clearance in bank and after dishounrance of cheques you may initiate proceedings
u/sec 138 of N.I.Act or lodge FIR against drawer.

Adv. Ravish Bhatt, ADIT, CIOT (Expert) 05 August 2022
You have remedies of filing a negotiable instrument complaint and may be seeking to lodge an FIR for cheating. NI act complaint first step is issuing a statutory notice. However, most important question for NI act complaint is whether cheques were issued for legally enforceable debt? Similarly, factual matrix will be thoroughly required to be examined. There may be possibilities of lodging an FIR for cheating but relevant question there will be whether drawer of cheque induced you into delivering some property or into doing or refraining to do something. If drawer gave you a cheque simply as he wanted to may be help you for something or to give advance/ loan of something, I don't think there is a cause of action for any remedy in that case. Show all documents to a qualified legal practitioner for professional opinion however.

Author: Advocate Ravish Bhatt
Gmail: ravishdbhatt@gmail.com
Link to Linkedln Profile: https://www.linkedin.com/in/ravish-bhatt/

P. Venu (Expert) 05 August 2022
Action under NI 138 lies only if the cheque has been issued in discharge of lawfully enforceable debt. The facts posted do not reveal of any such debt.

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