saptarshi 07 July 2017

Cheque bounced due to account blocked

Dear I had given a friendly loan to somebody I knew from long time. The amount was trnsfrd via neft from my account to his company a/c. He issued me a cheque against the amount. he also asked me not to deposit the cheque as he will pay me via neft. he paid me only 10% of the amount.via neft. since the after repeated conversation and his numerous commitments all failed. Finally I deposited the cheque and it was returned by the bank stating ac blocked. now should i file a case under NI acts 138. Moreover he has stopped taking my calls sine a month or so.

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8 Replies

Arjun Kohli 07 July 2017

Indeed you can file a case u/s 138 of NI Act. Moreover, if you wish, you can also file criminal complaint for cheating, however, it is for you to decide as you two have a prior relationship. Moreover, you could also file a recovery suit in the civil court or appropriate forum.

saptarshi 07 July 2017

Dear Thanks for ur reply. As far as i could relate there can be three possible faces in this cas

1 to file a case under 138of NI

2 Criminal case for cheating

3 Recovery suit

Now all these can be done togetherly or seperately??

Please advice

Arjun Kohli 07 July 2017

Originally posted by : saptarshi
	Dear Thanks for ur reply. As far as i could relate there can be three possible faces in this cas 1 to file a case under 138of NI 2 Criminal case for cheating 3 Recovery suit Now all these can be done togetherly or seperately?? Please advice

Usually a criminal case for cheating is filed alongwith 138 of NI and a recovery suit is separately filed in the appropriate civil forum under Order 37 of CPC

R Trivedi (advocate.dma@gmail.com) 07 July 2017

You transferred to his company account, his cheque was also of the same company account? Cheating here is not made out as the dishonor is on account of account block, you will have to find out why and when the account was blocked.

Advocate Bhartesh goyal (advocate) 07 July 2017

Cheque returns due to any reason attracts the provision of sec 138 of N.I. Act apart from this, a notice u/s 138 ( B ) of N.I. Act has to be issued and a chance is given to accused to make payment of cheque amount but if accused failed to comply with the same then complaint can be filed.

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saptarshi 07 July 2017

sir i i am issuing somebody a checque that means I will pay him the particular amount and also my account is operative and funded with the same amount even more than that. Now if my account gets blocked It can either be done by the bank for whatso ever reason may be but the bank will surely convey the message to me well in advance and now it becomes my duty to inform all the cheque bearers that my account is blocked and to take back those leafs and issue seperate one or may be some other media for transfer secondly Iif I instruct the bank to close down my account then the onous is on me same is for this case too