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Sec. 138

(Querist) 06 September 2014 This query is : Resolved 
A person issued me a cheque. I deposited it to my banker. It was bounced. My banker returned that cheque along with a memo. There is message for reason of bouncing the cheque that 'Account is freeze'. Later I found that state government freeze that account for certain investigation. May I prosecute that person under section 138?
ajay sethi (Expert) 06 September 2014
better file a summary suit for recovery of your money . cheque bouncing cases take long time to be disposed of
Dr J C Vashista (Expert) 07 September 2014
I agree with the expert advise of Mr. Sudhir Kumar.
Cheque dishonoured by bank on the reasons "Account is Freeze" do not attract the provisions of Section 138 of N I Act, 1881. Moreover, after the judgment delivered by Supreme Court in Rathod case, it would be more problematic to proceed.
Rajendra K Goyal (Expert) 07 September 2014
The operation of account was freeze due to orders of government. Better file summary suit.
RAKHI BUDHIRAJA ADVOCATE (Expert) 07 September 2014
I do agree vid the views of my ld. Friends. Suit for recovery is speedy n better option
P. Venu (Expert) 07 September 2014
Why the cheque was issued to you? Was it in discharge of a lawful debt?
Raj Kumar Makkad (Expert) 07 September 2014
No question arise to file criminal complaint under section 138 NI Act in the given facts.

Suit for recovery is required to be filed.
V R SHROFF (Expert) 07 September 2014
agree WITH experts . + DR. JC
FILE CIVIL SUIT FOR RECOVERY
Ajay Itakikar (Querist) 08 September 2014
Thanks for the advice.
Raj Kumar Makkad (Expert) 08 September 2014
You are most welcome.
T. Kalaiselvan, Advocate (Expert) 09 September 2014
Yes I am also of the same view that the provisions of section 138 will not apply to this hence better to file a money recovery suit.


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