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Nandagopal Rao (Retainer)     14 November 2012

138 proceedings


A issued 10 post-dated cheques to B towards repayment of loan, in installments.  If those cheques get dishonoured due to insufficiency of funds, whether section 138 of N.I. Act is attracted ?  Please examine this in the light of Judgment dated 20-07-2010 of Bombay H.C. in Joseph Vilangadan Vs. Phenomenal Health Care Services Ltd. & Anr. case.(Criminal Writ Petition No. 2243 of 2009). 

Please provide supporting Judgments if any.


 3 Replies

CHEQUE BOUNCE (Accused in cheque bounce can be convicted and money be recovered .PROSECUTE PROPERLY. chequebounce1@gmail.com)     14 November 2012

Most of the cheque cases which are in multi millions all over the country are of similar type so the instant judgment will not be applicable.

You have to develop your story in lower court by proper handeling of the case so that the court can come to the desired conclusion.

Surendra Gupta (Banker)     14 November 2012

Post dated cheques are cheues on the date appearing on the cheque and its bounce for reason insufficient funds attracts action undr section 138 of N I Act


Ofcourse it amounts to dishonor of cheques and attracts 138 N I Act.

1 Like

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