Civil Procedure Code (CPC)

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

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.

any case law regarding this or satisfying this point


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.  


Ok thank you so much, but i need a case law to satisfy this point




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