dishonour of cheque

susanth nair s (Querist) 17 September 2008 This query is : Resolved
when the reason for the dishonour of cheque is 'accountclosed' whether sec.138 of n.i act will be attracted? plz provide the latest judgement

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H. S. Thukral (Expert) 17 September 2008
It will be attracted.
NEPC Micone v Magma Leasing
1999 AIR (SC) 1952

Srinivas.B.S.S.T (Expert) 17 September 2008
I would take the previlage to add one more judgment

Hashmikant M. seth Vs State of Gujarat reported in 2004 Cr.L.J. 3628 wherein it was held that offence in terms of Section 138 of the act would stand committed even if Cheque issued after closure of account is dishonoured.

susanth nair s (Querist) 18 September 2008
thank you sir for immediate response

sanjay kumar patibandla (Expert) 18 September 2008
138 of N I Act attracts in your case

1999 STPL (DC) 13 SC
SUPREME COURT OF INDIA

(K.T. THOMAS AND M.B. SHAH, JJ.)

NEPC MICON LTD.
VERSUS
MAGMA LEASING LTD.

Criminal Appeal No. 481 of 1999 (@ SLP (Criminal) No. 1096/99) D/d. 29.4.1999

Negotiable Instruments Act, 1881, Section 138 — Dishonour of cheque — Account closed — Cheque returned by Bank with an endorsement account closed – It would amount to returning the cheque unpaid because “amount of money standing to credit of that account is insufficient to honour the cheque.”
(Para 15)

2)....................................

Negotiable Instruments Act, 1881, Sections 138 - ACCOUNT CLOSED - Dishonour of cheque - Account closed - Complaint under section 138 of Act would be maintainable - Session judge wrongly dismissed complaint.[Para 6]

Rajendra Vasantrao Khode Versus Laxmikant Shantilal Choudhari

2000 STPL(DC) 204 BO : 2000 DCR 493 : 2000(4) RCR(Criminal) 49 : 2000 Cri LJ 1195

COARM : RANJANA DESAI, J.

Date of Decision :11/15/1999

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