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Sunny Honey (Student)     16 February 2010

138 Negotiable Instruments Act, 1881

1. Can a person, who despite having sufficient balance in his savings/current account maintained with the Bank be held liable for the offense of DISHONOUR OF CHEQUE as provided for under section 138 of the N.I.Act, 1881 2. Can a person (accused) escape the clutches of penal provisions contained in section 138 of the N.I.Act, 1881 (as amended from time to time) on the PLEA THAT THEIR WAS ENOUGH/SUFFICENT BALANCE LYING IN HIS BANK ACCOUNT TO HONOUR THE AMOUNT SO DEMANDED ? IF YES, PLEASE PROVIDE CASE LAWS ON THIS MATTER (PREFERBLY OF SUPREME COURT) - URGENTLY. 3. HOW FAR IS THE ABOVE SAID PLEA SUSTAINABLE IN LIGHT OF JUDGEMENT OF SUPREME COURT IN THE CASE OF MODI CEMENTS LIMITED vs KUCHIL KUMAR NANDI (2ND MARCH, 1998) - IN WHICH IT HAS BEEN SPECIFICALLY STATED THAT EVEN IF NOTICE IS ISSUED STOPPING PAYMENT BEFORE THE PAYER DEPOSITED THE CHEQUE IN HIS BANK, OFFENSE IS COMPLETE (ELECTRONICS AND SIDDHARTHAN CASE OVERRULED). URGENT REPLY NEEDED. ----- MAIL ME AT SAMEER_BHATIA@YMAIL.COM


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 4 Replies

ad. creaminall (professional Advocate)     17 February 2010

search on www.indiankanoon.com you will find the judgment/s

Abhishek (Advocate)     17 February 2010

If there is a sufficient Balance in the Account then where is the question of Dishonour of Cheque.

sweta singh (n/a)     27 February 2010

no u will not b held liable if u had sufficient amount in ur a/c.........when a cheque dishonours' bank gives memo as to give reason why the cheque has dishonoured.....like insufficient fund...a/c closed etc.....and the complainant will hav 2 show it for marking it as an exhibit in the court..........so no worry ...whether u go 2 seesion or not......

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     25 May 2010

How and why the cheque was bounded, please clearify.


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