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syed rushaid hasan (trainee advocate)     19 December 2012

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.


 3 Replies

DAULAT DILBAUG (Problems related to money marriage     19 December 2012

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

Shailendra prasad singh (Lawyer)     19 December 2012


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.

Rahul Kapoor (Legal Enthusiast)     20 December 2012


you will be given a notice.

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

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