Negotiable instrument

saurav (Querist) 22 December 2011 This query is : Resolved
Cheque presented for 2nd time bounced due to stop payment, will it amount to offence?

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Sailesh Kumar Shah (Expert) 22 December 2011
Definitely yes.

Devajyoti Barman (Expert) 22 December 2011
Yes it amounts to offence under section 138 of NI Act.

V R SHROFF (Expert) 22 December 2011
Agreed,
It attracts punishment u/s 138 of NI Act.

DEFENSE ADVOCATE.-firmaction@g (Expert) 22 December 2011

Any case of cheque bounce (NI 138) can be won by the accused if diligently is perused from initial stage. It is a myth that once a cheque is bounced conviction is imminent .
The complainant has to pass many many and many legal hurdles to achieve this. 1) Prove legal liability 2) Prove notice 3) frame proper pleadings in the complaint 4) produce all the evidence with complaint 5) Prove cheque was actually given to the complainant 6) Prove its bounce against the complainant not against any body else.

This is big catch and ignored by most of time.

Accused suffer only due to guilt complex and initial lethargy .Power of defense is power of negative which is perpetual and imme

Deepak Nair (Expert) 22 December 2011
Dishonour of cheque amounts ro offence under S.138 of NI Act, whether it is for stop payment, account closed, funds insufficient or any other similar reason.

You can initiate the legal procedure by first sending the notice within 30 days.

DEFENSE ADVOCATE.-firmaction@g (Expert) 22 December 2011
You can file the case , I am telling about success or conviction.

Advocate Bhartesh goyal (Expert) 22 December 2011
Agreed with experts.

Shonee Kapoor (Expert) 23 December 2011
Yes.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

prabhakar singh (Expert) 23 December 2011
Yes!it amounts to offence.Mr. JSDN has told you about mistakes a complainant does and that leads to acquittal.So you do not commit such mistakes is his warning.

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