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sunil Rathore   22 September 2018

138 NI Act

'Bank closed' is comes under 138 of NI Act...


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 3 Replies

Dr J C Vashista (Advocate)     23 September 2018

Vague query without relevant facts.

If the bank is closed for holiday, declared holiday or any other official reason/purpose that day is not counted as "one" day and exempted/extention in limitation for filing a complaint case u/s 138 of the Negotiable Instruments Act, 1881. 

sunil Rathore   23 September 2018

A private bank closed (band) forever

R Trivedi (advocate.dma@gmail.com)     23 September 2018

It is like this.. 1. If you issued the cheque to clear some liability, from an account, which is dud due to any reasons, like bank "band" forever, then this is cheating. FIR can be lodged. 2. If Bank shuts off operations after you issued the cheque, then you must pay on notice, otherwise taking a defence that bank was band and not your fault will not take you anywhere. 3. If you can prove that the complainant has acquired some old cheque of a bank "band" account and attempting to misuse the cheque, then you can initiate FIR against him

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