u/s 138

Querist : Anonymous (Querist) 15 March 2010 This query is : Resolved
In 2005 complainant deposited one of the ten blank cheques in its custody and the cheque was returned with the remark 'Account Closed' and complainant initiated proceedings u/s 138. The proceedings are still under process and the same complainant has now again deposited second blank cheque in 2010.

Please advise how to proceed in above matter. What can be done about this

Thanks

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Raj Kumar Makkad (Expert) 15 March 2010
Second complaint is not maintainable. If any summoning order is received to the alleged accused in such second complaint case, a revision should be filed before Revisional court within the limitation of 90 days and I do hope that such order shall be got quashed in the given facts.

niranjan (Expert) 15 March 2010
I fail to understand as to why second complaint or distinct complaint on each cheque is not maintainable ?

Parveen Kr. Aggarwal (Expert) 15 March 2010
Yes. Second complaint for dishonour of second cheque is maintainable and cannot be dismissed at threshold. However, the accused may raise a defence that when the complainant came to know five years ago that the bank account is closed why the complainant will accept five years thereafter another cheque drawn on the same account.

Querist : Anonymous (Querist) 16 March 2010
Raj Kumar Makkadji & Parveenji Thank you I would appreciate if you can help with some recent citation I have one Deepa Finance Corpn. V/s. A.K. Mohammed 2001(3) Civil Court Cases 382 (Kant)

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