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Queries Participated

Mahabir   26 March 2016 at 15:34

Cheque dishonoured as payer frozen his own bank a/c

I supplied materials in one Gramin Bank through contractor. Contractor gave post-dated cheque for Rs.12.00 lac. One presentation cheque was returned with remark - "A/c frozen by the a/c holder." It might be possible that contractor either issued cheque of his frozen a/c or freezed the a/c after issue of cheque, which is fraudulent act of payer. Notice sent u/s 138 IPC read with sec 403,406 & 420 of IPC to both contractor & bank(Beneficiary. Bank is enjoying the items supplied without our transfer of right to Contractor or Bank.

My query is; (1). Can FIR be filed directly in Police station rather than complain case? & 92). Whether Bank, as direct Beneficiary, is also liable for action or not?

Regards
Mahabir