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ramesh (wer)     21 February 2012

Account closed

My account was closed in 2010 and to the best of my knowledge I destroyed all the unused cheques.

By unfortune,If any body tries to misuse any of my  cheque by putting some recent date of  the year 2012, will it attract section 138,NI act ?


Thanks in advance


 10 Replies

Kumar Doab (FIN)     21 February 2012

Validity of cheque is 3 month's from date of issue.

From the date of closure of a/c cheque if any is not valid. If you can recall that you has issued some to an indivisual you may issue letter/notice under acknowledgment to get the cheque replaced.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     21 February 2012

The bank may ask you to return back the checque book before closing the bank account. So do not tear it off without bank notice.

Shantilal Pandya ( Advocate)     21 February 2012

 your   case   on  facts will  be   subjected  to   proofof those  facts  if that is  accepted by  court then  you need not  worry ,  cases are not  uncommon that  the unused  cheques  even without  having  a  running  account  with the bank may have been  be issued     against  value, you  can  also   issue  public notce  or  file first information report  about the  loss of  signed  cheques ,  but you  say  that  no  such  cheque is  in existance  and  further you  dont have any  knowedge  as to  who has stolen your   cheques  will be  a  big  contradiction 

your  case appears to be   imaginary .

Shantilal Pandya ( Advocate)     21 February 2012

 Issuance of  cheques  with a  knowledge that  it wil not be  honored  by the   Bank  attracts penal action if it  causes  wrongful loss to  the  drawee  or any body  claiming under him  

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 February 2012

Is it just a question or there is some apprehension behind the same.





Shonee Kapoor

ramesh (wer)     27 February 2012

It is just a question Sir.




Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     28 February 2012

Then sit back and relax, the complainant in cheque bouncing case has to show legal debt alongwitjh the bouncing of the cheque.


Shonee Kapoor

ramesh (wer)     28 February 2012

Thank you Sir

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     28 February 2012

Never mention.


Shonee Kapoor

kapoorsatish (n/a)     01 August 2012

If the cheque is issued against security, account closed and cheque presented after 15 months of closure of account, does case fall u/s 138?

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