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VIJAYNARAYAN (FREELANCE EDU CONSULTANT)     14 September 2011

Cheques issued from inoperative accounts

issuing chqs knowingly when the account is not having funds or from inoperative account is criminal in Law. I would like to know the sections & bailable or non bailable



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 5 Replies

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     14 September 2011

dEAR VIJAY,

YOUR CASE COVERED UNDER SECTION 138 OF N.I.ACT AS WELL AS UNDER SECTION 420 OF IPC, IF THE LOAN ADVANCED BY YOU. FOR 420 YOU HAVE TO PROVE INTENTION.

REGARDS

RAJIV BHASIN

ADVOCATE

BHASIN & ASSOCIATES

9811210505, 9868635640

ADV Rajesh KASRIJA (ADVOCATE)     14 September 2011

RAJIV JI 

IS inoperative account COVERED UNDER NI ACT

OR HAVE U ANY RULLING WHICH COVERS INOPERATIVE ACCOUNT

VIJAYNARAYAN (FREELANCE EDU CONSULTANT)     15 September 2011

Dear Rajiv Ji & Rajesh Ji

while I thank you, my analysis / interpretation is -

the moment a chq is issued from an account which is in operative - operative or in operative - the receiver of the chq will not be aware - is known only to the issuer - the intention - to cheat / suppress / or cause a fraud is abundantly self evideny. sec 420 also covers cheatin & fraud. Fraud itself is an act committed knowingly

hence this should be non - bailable

I would welcome further contributions

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     15 September 2011

The basic issue will be legal liability , if it is established than whatever may be account the NI 138 will be attracted. No IPC 420 for host of reasons which can be explained from real case.

VIJAYNARAYAN (FREELANCE EDU CONSULTANT)     23 September 2011

Dear  ALL 

thanks throwing light

in this particular case a loan 10 L was taken on faith / trust basis ( = no proofs). While returning 5 L was given by cash & for balance 5L - a chq was issued from an account which was / is dead / inoperative

since there was no proof of the loan transaction other than trust - this means there is absolutely no legal liability  & thus there is no case which can be pursued


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