138 n.i.act
gaurav
(Querist) 14 December 2010
This query is : Resolved
sir,
one person has issued cheque worth rs 1 lakh and that cheque has been returned unpaid with reason of account blocked and when i contacted that person then he refused to make payment and when i contacted my lawyer then he said 138 doesnot lie on this cheque. do u ve any judgement which help me out to file a case under 138 n.i.act.plzzzzzzzzzzzzzzzzzzz help me out
Dr. PRADEEP K.P.
(Expert) 14 December 2010
When the account holder closed the account. If it is closed earlier to execution of cheque you can definitely file a crimnal case under S 138 NI Act read with S. 420 of IPC. If the account is found as blocked only you can file 138 compliant and I feel the advice you obtained in this regard is not correct.
Ajay Bansal
(Expert) 15 December 2010
SECTION 138 OF N.I. ACT CAN NOT BE MADE IN THIS CASE.
Sri Vijayan.A
(Expert) 15 December 2010
If the cheque is bounce for the reason of insufficient fund then it will attract NI-138.
If the account is closed before issue of cheque, this circumstance can be interpreted as insufficient fund/ zero fund.
Moreover, the intention of the person is to cheat you, so he has issued the cheque of closed account. In light of this, it will attract IPC-420.
The period of limitation for NI 138 is 30 days from the date of information about the bounce.
So send notice immediately
