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Pramodh (Marketing Manager)     06 March 2012

Account of cheque issuer closed

Dear Experts,

I was issued a cheque for INR 1,00,000 by a real estate person to refund my advance amount for not delivering my property. I submitted the cheque to the bank and it came back as "Cheque Rejected: Account Closed".

Please advice if this qualifies under "Cheque dishonor" u/s 138 NI and can I issue a notice regarding the same?

Thanks for the help

-Pramodh



Learning

 5 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     06 March 2012

From copy book law you can issue notice and file case for chque bounce but it is not guarntee for payment since the case will go on and on ....

 

Better engage a local dilligent advocate and collect evidence so that you can file other criminal cases against the builder. If he has played similar tricks with others it will help you.

Pramodh (Marketing Manager)     06 March 2012

Thanks for your valuable inputs. Can you please elaborate on "other criminal cases against the builder'? I know for certain that he has not paid back many other members, but not sure if he issued cheques which bounced.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 March 2012

Other criminal cases like cheating etc.

 

But don't forget to issue a notice.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Praveen Mittal (Owner)     22 April 2012

Yes this qualifies under "Cheque dishonor" u/s 138 NI and you can  issue a notice regarding dishonor of cheque 

RAKESH PIPRODIA (ADVOCATE)     20 May 2012

This qualifies under 138 cheque bounce along with criminal under section 420 of IPC


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