Prakash (AGM) 30 September 2014

Dishonour of cheque

Dear All,

The Defendant issues cheque during the pendency of the execution proceedings, The said cheque bounces. The Plaintiff files a complaint under section 138 of the Negotiable Instruments Act. Is the complaint maintainable when the execution proceedings are pending?

Please explain me the law in such cases with case laws.

Thanks

Prakash

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3 Replies

adv. rajeev ( rajoo ) (practicing advocate) 30 September 2014

Yes it is maintainable because cheque issued by the defendant to clear the debt which in execution.

M N Shaikh (Addl District & Sessions Judge) 30 September 2014

Yes, Case filed, is valid as per N.I.Act Sec. 138.

Deenupriya (--) 10 October 2014

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