Negotiable Instrument Act
Querist :
Anonymous
(Querist) 11 September 2010
This query is : Resolved
Can u help me giving cietation relating to "Account Closed"
Account was being Closed in the year 2000 and the cheque was being deposited in the year 2009
The fact of case is that:
The cheque was given in year 1998. and name and amount has been written on cheque but date was not written. and the payment was being made in year 1999 but at that time complainant told that the cheque has been lost and after that accused left that town in year 2000.
in year 2000 he also closed the account. but in year 2009 the complainant misuse the cheque and deposited it in bank. using dater stamp.
can u help me how i can help accused. also give some suggession and some cietation relating to it.
Querist :
Anonymous
(Querist) 11 September 2010
sir can you help me or can u give me some cietation to prove that no offence is made out
DEFENSE ADVOCATE.-firmaction@g
(Expert) 11 September 2010
When there is no offense under the NI act why you need citation, seems to be students querry.
PJANARDHANA REDDY
(Expert) 11 September 2010
ISSUE A LEGAL NOTICE BY STATING THE ABOVE FACTS, IF HE TRIES TO MAKE ANY CASE U/S 138 OR ANY RECOVERY SUIT WILL BE PUNISHED BY LAW.
THEN HE CANNOT GO HEAD AT ALL.
S Elaya Kumar
(Expert) 11 September 2010
You are saying that the payment was made in 1999 itself for the loan taken in 1998. The payment made by you is your defence plea, if any complaint is raised.
Further you can bring the bank manager as a defence witness to show that the account was closed in the year 2000 itself. This will help you to prove your case that the cheque was filled in 2009 and presented thereafter.
R.Ramachandran
(Expert) 11 September 2010
As usual, the Author of the query has not come out with complete details.
He says that the amount has been written on the cheque, but he is not saying how much was the amount?
He says that the bank account has been closed in the year 2000. That is ok. But when the the cheque amount was not debited into his account, did he give any other cheque in lieu, if not why not? Can he prove that he had given an alternate cheque and that stood encashed.
Without this, how can one say that just because the account had been closed in 2000, the cheque was not issued. As to the date, Section 118(b) of N.I. presumes the date to be correct. The holder of the cheque can even go to the extent of accusing that having known that the account has been closed as early as in the year 2000, the accused had given the cheque in the year 2009.
In order to be sure, the querist has to come out with complete facts - at present he has not come out with full facts - that much is sure.
Devajyoti Barman
(Expert) 11 September 2010
Though you could initiate the case for cheque bouncing but in the given circumstances it would not sustain for long.
Querist :
Anonymous
(Querist) 12 September 2010
The amount was written but the amount was written by cash. and at that time in year 1999 when the amount was given in cash to the complainant. the complainant told that he had lost the cheque. and the cheque was being with the complainant only.
and in year 2009 the complainant deposited the cheque stating that the accused had borrowed cash of Rs. 200000/- and the accused had given cheque.
but accused had left the village in year 2000.
Querist :
Anonymous
(Querist) 12 September 2010
But the accused had no proff in wirtting for the amount which he had paid in year 1999.
so in this matter what can be done
R.Ranganathan
(Expert) 12 September 2010
whether you have received any notice under NI Act. When you receive the same you reply it stating all the facts. Even after that if the complainant files the case, you can bring in evidence that you had closed the account long back and is operating some other account in some other place and so there was no need of issuing such a cheque. Further you can prove to the court, there is no legally enforceable debt on the said date of the cheque.
