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Sanjeev Tewatia (Advocate)     02 March 2009

Cheque dishouner due to Account Blocked

my client booked a flat with a builder M/s. Triveni Infrastructure Development Co. Ltd. and when he surrendered the said flat to them they were givenhim three Post Date Cheque of different amounts and the two cheques are dishounered due to Account Blocked. Now what can we do against him?

Please tell us, its urgent


 5 Replies

N.K.Assumi (Advocate)     03 March 2009

"A clear reading of Section 138 leaves no doubt in our mind that the circumstances under which such a dishonour takes place are required to be totally ignored. In such case, the law only takes cognizance of the fact that the payment has not been forthcoming and it matters little that any of the manifold reasons may have caused that situation."

Five ingredients of the offence under s. 138.

The offence under Sec. 138 of the Act can be completed only with the concatenation of a number of acts. Following are the acts, which are components of the said offence;

1. Drawing of the cheque,

2. Presentation of the cheque to the bank,

3. Returning the cheque unpaid by the drawee bank,

4. Giving notice in writing to the drawer of the cheque demanding payment of the cheque amount.

5. Failure of the drawer to make payment within 15 days of the receipt of the notice.

It is not necessary that all the above five acts should have been perpetrated at the same locality. It is possible that each of those five acts could be done at five different localities. But concatenation of all the above five is sine qua non for the completion of the offence under Sec. 138 of the Act.


Bindu (Junior Lawyer)     03 March 2009

The cheque can be presented in bank within 6 months it is drawn. Once the cheque is bounced FOR ANY REASON EXCEPT IT BECOMES A STALE CHEQUE , the notice can be send.

Note:- That if you could  not send notice in one month of its dishonour then redeposit, get it bounced again & get  issued notice for dishonur of cheque

B.N.Rajamohamed (advocate / commissioner of oaths)     08 March 2009

When a person issues a cheque for the discharge in full or in part any debt or other liabilities with an assurance that  he holds a bank account which is operative and has sufficient funds in his account  but instructs the bank either to close the account in his bank or gives stop payment notice or any instruction to his bankers to return the cheque un realised after isssuing the cheque it invites the penal linability uner section 138 Negotiable Instruments Act,1881.

The proper way is to issue a demand notice to the drawer of the cheque within 30 days from the date of dishonour and in case of non payment despite receipt of the legal notice within 15 days from the date of receipt of the legal notice a private complaint under section 200 Cr.P.C. shall be filed before the magistrates court  


yes, u should issue a legal demand notice & then file a complaint u/s 138 NI Act. For any type of help u can contact me at:_09711364956/09871158578

Anil Agrawal (Retired)     09 March 2009

 Most important ingredient is the payment must be for "legally enforceable debt". Any cheque does not come under N.I. Act.

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