N i act sec 138

Sandeep Parashar (Querist) 22 December 2011 This query is : Resolved
I have one Cheque when I gave for cash the bank gave me dishonor memo that
''Account Doesn't exist''.
Is this cover from 138 N I Act
The Court tell to me that This is not cover in N I Act sect 138

what I do Now

pls Help me

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DEFENSE ADVOCATE.-firmaction@g (Expert) 22 December 2011
No help possible , see what others have to advice you.

Deepak Nair (Expert) 22 December 2011
Send a notice to the drawer of the cheque to pay the money , if the cheque is given for a legally enforceable liability.
Since the court have rejected case u/s 138, only remedy available is to file a case under 420 of IPC

ajay sethi (Expert) 22 December 2011
if the acount dosent exist how was cheque issued to you ?

in any case you would not have been able to prove debt due and payable as it was given in lieu of cash .even if you go in appeal you wont succeed

try your luck under 420 of IPC

Guest (Expert) 22 December 2011
Under section 30 of the NI Act, The drawer of a cheque is bound in case of dishonour by the drawee or acceptor thereof, to compensate the holder, provided due notice of dishonour has been give to, or received by, the drawer as hereinafter provided. You can also take recourse to sec. 420 IPC about cheating by the drawer by issuing a cheque from a non-existing account, which he has already closed without fulfilling his liability. It is wrong to say, "no help is possible," as my friend JSDN has stated.

M.Sheik Mohammed Ali (Expert) 22 December 2011
yes, you may file cheating case against him.

adv. rajeev ( rajoo ) (Expert) 22 December 2011
you cannot file a case on the ground of account does not exist u/s 138 of NI act. You have been cheated file a complaint u/s 420 of IPC

Rajeev Kumar (Expert) 22 December 2011
There is only remedy is that file a case u/s 420 of IPC

Shailesh Kr. Shah (Expert) 22 December 2011
you can proceed u/s 420 and file civil suit for recovery of money.

Devajyoti Barman (Expert) 22 December 2011
Yes cheque bouncing case is no more possible.

Raj Kumar Makkad (Expert) 23 December 2011
You should file a suit for recovery in the given matter. The limitation to file such case is within 3 years of date of cheque. No other case is so fruitful than this for the recovery of your money.

Sandeep Parashar (Querist) 23 December 2011
In this Case I fill application u/s 138 N I Act in the court. and Now court tell me that this is Not cover in 138 N I Act, and court could not take cognizance.

and one more thing that the Accused had the same account in that bank but this account is closed before for the cause of Not using from long time. and now bank also ''take over'' the previous bank by ICICI and now that closed account is not EXIST in ICICI Bank.

so the ICICI Bank given the dishonor memo to me that ''Account Doesn't exist''.

and the original cheque and other document in the court file.

pls tell me
what can I do

thanks for giving me solutions