n.i.a.

Querist : Anonymous (Querist) 09 July 2010 This query is : Resolved
what if a person issues a cheque but does not have a bank account at the time of making it.. will it come under 138 n.i.a.?? please reply in detail??

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Devajyoti Barman (Expert) 09 July 2010
This is implausible as if the person does not have the bank account then he would not be issued any cheque book either.

Arvind Singh Chauhan (Expert) 10 July 2010
This situation may come only when the account is closed. It does not cover the ingredients of 138 N.I. act, but may cover 420 IPC, if any property have been received in lieu of that cheque.

DEFENSE ADVOCATE.-firmaction@g (Expert) 10 July 2010
It will come u/s 420 only when you can prove that the person fraudulanty gave cheque to obtain some benefit. If nothing is given against the cheque no case under any law.

B K Raghavendra Rao (Expert) 10 July 2010
Cheque returned for non-existence of banking account of the accused is not covered under Negotiable Instruments Act. It is at the best covered in the IPC Section 420, cheating.

Uma parameswaran (Expert) 10 July 2010
Can take action under 420 of IPC and also against the use of valid bank documents.

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