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Reason of Dishonour is Overdraft condition not fulfilled.

(Querist) 10 August 2009 This query is : Resolved 
Dear Friends,
Plz let me know if we can proceed u.s.138 of N.I.Act if the Bank Memo causes the reason to be "Cash Credit / Overdraft condition not fullfilled"
Plz let me know if any supporting Case law/Citation.

Thanks in advance.
PALNITKAR V.V. (Expert) 10 August 2009
I think you can go for 138 irrespective of the remark about condition not fulfilled. Because what law requires is that the accused had insufficient funds in the account when the cheque was presented for encashment. The endorsement given by the bank implies that the accused had insufficient funds, hence, the cheque bounced.
Kiran Kumar (Expert) 16 August 2009
i agree with Mr. Palnitkar
MANISH (Expert) 16 August 2009
I agree with Mr. Palnitkar.
You may file a complaint u/s 138 NI Act.
The remarks in the memo means funds insufficient.

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