U/s.138 NI Act account closed

prsmitra (Querist) 09 September 2009 This query is : Resolved
i am appearing on behalf of the complanant
1) the accused admitting his liability sent an account payee cheque for Rs.45,379/- bearing No.197572, dated 11-10-2007 in favour of our company drawn on Andhra Bank, Chintalapudi and represented that he would have sufficient funds in his account and cheque would be honoured. Believing the said representation, the complainant accepted and presented the cheque in its account at Canara Bank, Inniespeta, Rajahmundry for collection. It is submitted that surprisingly, the said cheque was returned from the accused Banker as unpaid along with return memo dated 15-10-2007 for the reason No.19 account closed to the complainant’s Banker who in turn informed the return of cheque to the complainant on 18-10-2007. It is further submitted that the accused got issued the above cheque to the complainant intentionally and knowing full well as to close of account and that cheque would be dishonoured for that reason and thereby cheated our company.

plz inform that the complainant is maintainable or not

that i am going to argue the matter shorlty.

Accused Banker enter into witness box and state that the accused did not return the cheque book to them after closing the account

riven

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Raj Kumar Makkad (Expert) 09 September 2009
The accused person had full knowledge prior to the issuance of his cheque that he has already closed his account and despite of that he issued the cheque for meeting his liability. The fate of Cheque was already known to him so accused has surely committed an offence punishable under the provisions of 138 of NI Act. There are numerous citations on this point. If required, plz contact me at my cell no. 09416058227.riven

vinjamuri ranga babu (Expert) 09 September 2009
hello,
it is maintainable under law and presumtion can be drawn u/s 118 of NI act that the cheque has been issued to discharge the debt only.It is for the accused to prove his case.
you carry on ur arguments. all the best
vrriven

Sarvesh Kumar Sharma Advocate (Expert) 09 September 2009
complainant is maintainable .riven

Adinath@Avinash Patil (Expert) 09 September 2009
If insufficiant funds in the accont & the acount is closed The presumption is in you favour.The accused have to rebut presumption if accused have not rebut presumption.then accusd will punishable u/s 138 of N.I.Act.riven