NI Act- account closed
queryking
(Querist) 13 November 2009
This query is : Resolved
my account has been closed by the bank, now the complainant has filed the complaint under 138 of NI Act,fro the bounce of the cheque for account closed, is it comes under NI 138?
KANDE VENKATESH GUPTA
(Expert) 13 November 2009
If the complainant establishes that the account is closed after issuance of the cheque, it would attract the penal provisions u/s 138 of the N.I.Act. If the accused proves that cheque was given long before and the complainant himself got filled up the contents of the cheque viz., date, payee etc., it would not attract the offence u/s 138 of the N.I.Act.
A V Vishal
(Expert) 13 November 2009
But dear why did the bank close your account. Was your account dormant or Delinquent. The bank simply cannot close a running account.
Sachin Bhatia
(Expert) 13 November 2009
What was the reason to close your bank.
Raj Kumar Makkad
(Expert) 13 November 2009
Why did you issued the cheque if your account had already been closed? And if you cam to know this fact at later stage then why did you not deposited the amount of the cheque within 15 days of the receipt of the legal notice sent by the complainant after the bouncing of the cheque?
Both these questions are very vital and if you have no reply to these questions then definitely you are liable to face the wrath of 138 NI Act.
adv. rajeev ( rajoo )
(Expert) 14 November 2009
Yes it is an offence u/s 138 of NI Act.
If you had already informed the complainant in writing regarding the closer of the account and requested him not to present the cheque or if you prove that cheque is issued prior to the closure of the account and it is misused by the complaiant then only it is good for you, otherwise you have to suffer.
adv. rajeev ( rajoo )
(Expert) 14 November 2009
U can take the defense if you had replied to the notice given by the complaiant brining the fact of closure of the account.
PJANARDHANA REDDY
(Expert) 14 November 2009
U R REQUIRED TO PROVE THE CHQ WAS ISSUED AS POST DATED & BLANK ONE FOR THE SECURITY SOME CHIT/NOT FOR LEGAL OBLIGATION/NO DEBT OF LEGAL ENFORCEBILITY ETC.,
FURTHER THE BANK CLOSURE DUE TO DORMENT/NO TRASACTIONS ETC., MUST BE PROVED, THEN ONLY THE AQUITAL CHANCES IN TRAIL WILL 50%
Guest
(Expert) 14 November 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI)ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com.
REGARDING THE SEC.138 OF N.I.ACT KINDLY NOTE THAT
1.YOU HAVE ISSUED THE CHEQUE.BANK HAS CLOSED THE ACCOUNT.
2.THE HOLDER OF CHEQUE DEPOSITS THE CHEQUE IN HIS BANK.GETS IT DISHONOURED AS ACCOUNT CLOSED.
3.THE HOLDER OF THE CHEQUE WILL ISSUE A NOTICE OF DISHONOUR OF CHEQUE AND DEMAND THE PAYMENT WITHIN 15 DAYS OF SERVICE OF NOTICE.
4.IN CASE THE PAYMENT OF CHEQUE AMOUNT IS MADE WITHIN SAID PERIOD THEN MATTER ENDS.
5.BUT IN CASE SAID PAYMENT IS NOT MADE WITHIN SAID PERIOD THEN THE HOLDER OF DISHONOURED CHEQUE CAN FILE CASE UNDER SECTION 138 OF N.I.ACT.PLEASE NOTE.
IN CASE YOU NEED ANY FURTHER HELP KINDLY SEND DETAILS
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.
queryking
(Querist) 15 November 2009
i heard that if the account is closed by the bank, and cheque is bounced, it will not attract S.138
i have given demand draft(Account payee) to the complainant, but there is no proof that i handed over the DD, i examined the bank manager as witness, to my shock the said DD is encashed some on else who is having the same name( of the complainant)
