N.I.Act- Account Blocked

Satyender Sharma (Querist) 10 May 2011 This query is : Resolved
A plot was booked with PSG Developers by paying considerable amount. However, the Developer was not having the land and they refunded the deposited amount by two cheques which were bounced on deposit by me in my Bank. The reason for return of cheques was ‘ACCOUNT BLOCKED’ of the Developer. I had served the Notice in time and also filed the case in time under Section 138 of Negotiable Instrument Act with the Court. All ingradients of Section 138 of Negotiable Instrument Act attract my case except that the Developer was having sufficient funds in his account which was BLOCKED. Kindly guide me whether my case falls under Section 138 of N.I.Act as the payment was not received even on issuing Notice. Also quote some cases on the Account Blocked.

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M.Sheik Mohammed Ali (Expert) 10 May 2011
you can file NI case against them, and also cheating case in ipc section.

M/s. Y-not legal services (Expert) 10 May 2011
Yes. You are entitled to file a case under the N.I act. Cos they issued the cheque for disclose the dispute amount.. So you can proceed..

Advocate. Arunagiri (Expert) 10 May 2011
If he is having sufficient funds to honour the cheque, yet your cheque is returned for Account Blocked, You can not initiated cheque bounce case.

Guest (Expert) 11 May 2011
You have served wrong notice under section 138. Sec. 138 applies only to the cases of checque dishonoured on account of shortage of funds, not on account of blockage of account. You can serve notice u/s 31 for liability for payment, as he was liable to make payment on account of cheques due to be paid.

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