u/s 138 NI Act

Querist : Anonymous (Querist) 30 July 2010 This query is : Resolved
In discharging his debt, a person has issued a cheque of SELF and that cheque has dishonored with the reason INSUFFICIENT FUND. In that case can we file a complaint u/s 138 NI Act after issuing notice?

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S. Bharath (Expert) 30 July 2010
No, the proceeds of a 'self cheque' are payable to 'self'. Had the cheque been left blank, the position would have been different.

Parthasarathi Loganathan (Expert) 30 July 2010
If the cheque is specified in any document or receipt indicating discharge of debt, then the drawer is liable for dishonour.

Ravi Arora (Expert) 30 July 2010
no matter if self written on the cheque you can still file a suit u/s 138 of n.i.act against that person. there are some views of high courts

Sachin Bhatia (Expert) 30 July 2010
Bearer of the cheque can file a case u/s 138 of N.I.Act.

DEFENSE ADVOCATE.-firmaction@g (Expert) 31 July 2010
No case can be made out u/s 138 of NI act.

Arvind Singh Chauhan (Expert) 31 July 2010
Branch Manager of the Bank can file suit.
A.I.C.-2003-Vol-4-Ker-716.

s.subramanian (Expert) 01 August 2010
Mr.Shashi and Mr.Bharath are right.

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