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sunil Rathore   15 November 2017

138 NI

'Bank closed' is cover by the section 138 of NI act...?


 9 Replies

Yes.. But if you are within the limits prescribed under sec 138

sunil Rathore   16 November 2017

how can i defence....

G.L.N. Prasad (Retired employee.)     16 November 2017

I am afraid that 138 NIA covers only when the instrument is presented and returned by the drawee bank for inadequate funds, refer to drawer, etc.  Any negotiable instrument commences it's operation only when it is presented to the drawee.

1 Like

Advocate Bhartesh goyal (advocate)     16 November 2017

Proceedings u/s 138 of NI Act can be initiated only when a cheque is presented in bank for engagement and return due to reasons insufficient funds, exeed arrangement, refer to drawer,stop payment and account closed but can't initiate on the hypothetical ground mentioned by you " Bank Closed ".

Dr J C Vashista (Advocate)     16 November 2017

There is no such remarks ever heard or read as stated by you inter alia, "Bank closed".

G.L.N. Prasad (Retired employee.)     16 November 2017

It may be possible, as some banks have closed their uneconomical branches, and those accounts were merged with nearest branches (Mainly semi urban & rural branches).  When those cheques were presented to that branch by post, postal dept., are returning the cheques with such reasons.

sunil Rathore   16 November 2017

the cheque was given in 2010 and in 2017 the related pvt bank has been closed.
know the plaintiff file the case u/s 138.
How can i defence...
it was a security cheque.

G.L.N. Prasad (Retired employee.)     16 November 2017

I  am sorry, I am not aware as to what you are expecting as guidance from a forum of lawyers.

The case can not be filed as one likes, there is a laid down procedure for issuing notice before commencing other action,

If you are really honest and wish to stand your commitment just pay it to avoid further action.

How can others provide your grounds of defense, when you fails to honor your commitment even after 7 years ?

May be, you contact a local advocate that can suggest you grounds and definitely do not expect guidance  from a open and public forum.

You have just provided few words of facts and members are guessing the reasons, and after 6 replies you are just opening up one by one and not coming out with facts and seeking guidance how to avoid your commitment that made 7 years back.

2 Like

Agreed with learned G. L. N. Prasad

Your query is not describing your problem properly....... If u wish to to get advised post a fresh query stating all the facts....

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