Cheque bounce case
selvaraj
(Querist) 30 March 2012
This query is : Resolved
my friend issued me a cheque for rs 50000 dated on 01/03/2012. when i presented the cheque it returned as the account is closed.
Whether i can initiate criminal case under NI act?
selvaraj
(Querist) 30 March 2012
Wheter i can initiate police case?
Ajay Bansal
(Expert) 30 March 2012
You may file a complaint u/s 420 IPC either before police or before court or before both,but only one will go finaly.
Rajeev Kumar
(Expert) 30 March 2012
You may file a complaint before police or court or both but only one will procceed
V R SHROFF
(Expert) 30 March 2012
IF THE A/C WAS CLOSED AFTER 1-3-12, YOU CAN FILE NI 138 CASE,
BUT IF a/C WAS CLOSED BEFORE 1-3-12, you file Police Complaint u/s 420 for cheating.
You have to issue notice in either case. But depending on the reply, and if u can check up c bank , [ which even Police too will check up for u once u lodge complain], you will take any one of the action. not both.
ajay sethi
(Expert) 30 March 2012
file a summary suit for recovery of your outstanding dues . the accused has delibertaley closed his account so that you wont be able to file 138 case
N.K.Assumi
(Expert) 31 March 2012
Agreed with V R Shroff. But what if the drawer after issuing cheque to the payeee say on 1-3-12 and closed the account on 5-3-12 with intention to refuse payment to the payee does it bar action under NIA? Closing account after issuing cheque simply frustrate the provisions of NIA.
V R SHROFF
(Expert) 31 March 2012
Assumi, it does not bar action under NIA.
It also amount to breach of trust / cheating/
Reply of demand notice u/s 138 is important.
N.K.Assumi
(Expert) 31 March 2012
But there are judgments which says that closure of account does not fall under 138 NIA.1996 (1) Kar.L.J.552: 1990 (2) Kar L.J.452.What doers the SC says on this closure of accounts?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 31 March 2012
We are reacting to one side of the story, it is just possible that even if cheque at all was given may be undated old one and the person presented it now.
In such cases unless there are full proof evidence of handing over the cheque by the accused there may be counter action which may be more lethal.
So take care this is the strange world of defense. Darkness is perpetual.
Shonee Kapoor
(Expert) 31 March 2012
Both options criminal complaint and case under NI act can be pursued.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 01 April 2012
Quite strange, a friend and still you seems to be interested more in police case and criminal case, rather than settling the case for recovery!
