NI 138 CHEQUE NO OR ACCOUNT NO OR BOTH ESSENTIAL.
DEFENSE ADVOCATE.-firmaction@g
(Querist) 23 October 2010
This query is : Resolved
In NI 138 cheque bounce cases in notice and in complaint whether it is essential to give cheque no as well as bank account no.
1) If bank account no is not given and only cheque no is given , will it be fatal for the complaint.
2) If cheque no is not given and bank account no with name of the bank is given , is it sufficient.
SANJAY GUPTA
(Expert) 23 October 2010
With due respect my opinion is-
There is no need to write account no. in demand notice and petition of complaint only cheque no., date, bank name, amount are essential.
1 if cheque no is given, it is sufficient for the case and there is no need and or required to write account no.
2. 138 n.i.act cases initiated for the dishonor of particular cheque and mentioning of account no. in place of cheque no. does not help complainant in court and can go against complainant.
Devajyoti Barman
(Expert) 23 October 2010
It depends upon the facts of the notice. If the notice asking for repayment is sufficient to identify the cheque dishonoured then it is not necessary to mention the cheque no. But if the notice speaks about more than one of dishonoured cheques making it difficult to identify the acts to be rectified then the cheque no. is mandatory.
DEFENSE ADVOCATE.-firmaction@g
(Querist) 24 October 2010
I have put this query on this site so that experts can given experience and defferent opinion.
Since I handle NI 138 cases for accused and it is my standard practice that I take contrary view even if it is opposed by the opposite side and even court.
In many cases it is my plea that if account no is not there there is no valid notice or complaint. So far I have not recieved any final result since most of such cases are at revision stage.
So please treat yourself as my opponent and develop this question.
Sri Vijayan.A
(Expert) 24 October 2010
In all our notices, we have mentioned the cheque number(s).
And in none of the notice, mentioned about the account number.
sreenivasa Rao.P
(Expert) 24 October 2010
Firstly no account number is required either in the legal notice or complaint.
secondly you need not bother about the bank account no,which is not required.The person signing the cheque is properly identifed and a notice is served upon him,it is his duty to explain to the court,that the cheque does not belong to him or either the signature is forged.The burden under NI act is on the accused to demolish the prosecution story.It is sufficient for the complainant to prove that the cheque was given by that person in fulfillment of a legally enforceable debt.Read section 139 N.I.Act.No where in the act it is mentioned that the complainant has to mention the bank account no either in the notice or complaint.
