minal 21 March 2018

138 ni act

cheque dishonored as Account has no debit status, account of Accused seized by Income tax department I have filed complaint under 138 Ni Act is it good ground for proceedings Plz suggest case laws

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4 Replies

T.SRINIVASULU 21 March 2018

If the account of accused has cheque amount then no case if account has no cheque amount I.e., funds insufficient u can proceed with case irrespective of seized by IT dept.

minal 21 March 2018

any case law regarding this or satisfying this point

SHIRISH PAWAR, 7738990900 (Advocate) 21 March 2018

You proceed against the person. You have to send notice u/s. 138 of NIA act calling upon to pay the cheque amount within 15 days from receipt of the notice. On failure to repay the same you can file complaint in court on expiry of 15 days and within 30 days from notice period.