138 n i act

mahendra rai jain (Querist) 14 April 2014 This query is : Resolved
Dear Experts,

Account of drawer freeze by Income Tax Department,Whether offence under 138 made or not after dishonour of cheque ?

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Guest (Expert) 14 April 2014
You can issue him notice u/s 138, let him reply how he would prefer to settle your dues.

However, if the account was freezed earlier than the date of issue of cheque that would mean intentional cheating on his part. In that case not only sec 138, but sec 420 of the IPC would also be attracted.

Rajendra K Goyal (Expert) 14 April 2014
Send notice for bouncing of the cheque and let him respond.

Advocate. Arunagiri (Expert) 14 April 2014
If the cheque is bounced, just because of the reason the freezing the account by the Income Tax, it is not an offense.

Advocate Bhartesh goyal (Expert) 14 April 2014
Cheque returns due to any reason attracts sec 138 of N.I.Act.particularly when drawer does not make payment after having received notice u/s 138 of N.I.Act

V R SHROFF (Expert) 14 April 2014
stopped by I Tax dept. Accused had no role to play. has +ve defence

Sudhir Kumar, Advocate (Expert) 15 April 2014
please give the details sought by Mr Dhingra

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