cpc

cheque bounce


i want to know that if any cheque bounce due to difference in amount figure in words & digits not by insufficient balance then criminal complaint possible or not.

 
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Problems related to money marriage matters.-dostnaye@gmail.com

Yes as per recent SC judgement it will be offense since the accused had opportunity to correct the mistake after reciept of notice.

 
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complaint petition alleging commission of an offence under Section 138 of the Act must demonstrate that the following ingredients exist, i.e.:

(a) a cheque was issued;

(b) the same was presented;

(c) but, it was dishonoured;

(d) a notice in terms of the said provision was served on the person sought to be made liable; and

(e) despite service of notice, neither any payment was made nor other obligations, if any, were complied with within fifteen days from the date of receipt of the notice.

 
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Legal Enthusiast

hello,

you will be given a notice.

refer to section 138 of the Negotiable Instruments Act, 1881.

 
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