Intimation given to return blank cheques given as security to bank

Querist : Anonymous (Querist) 24 October 2010 This query is : Resolved
The bank was requested to return blank cheques in its custody given as security and accept fresh cheques as the old account was being closed.

bank never returned the cheques and the account was closed.now the bank has deposited one of the cheque after a dispute and was returned for the reason 'A/c. Closed'and case filed u/s. 138 of NI Act.

Will friends help me with reference and links to judgements favouring the respondent/accused.

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Devajyoti Barman (Expert) 24 October 2010
Though the bank can send notice under section 138 of the Act but if the drawer of the cheque undertakes in his reply to make the payment by drawing the fresh cheque then the proceeding the Act would not be maintainable.

Kirti Kar Tripathi (Expert) 24 October 2010
agree with Devajyoti.However, this act on the part of bank not illegal. you may give legal notice to Bank and can also go to consumer court against the Bank.

s.subramanian (Expert) 25 October 2010
Mr.Kirti is right.

Raj Kumar Makkad (Expert) 25 October 2010
had you earlier written bank to return old cheques and take new one against them? If yes and you have also receipt accordingly then you might have replied accordingly against the notice sent by bank after dishonour of aforesaid cheque and might have brought all the facts in your reply. If nothing is in writing then no one is going to believe your 'fentastic defence' otherwise there is no offence, if you offered to provide fresh cheque even after dishonour.

SAANJAAY GUPTAA (Expert) 26 October 2010
Agree with Mr. Makkad.

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