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Rajesh (broking)     26 July 2009

Check bounce , Closed account

Please guide Me if Some One issuses a Post dated Check to client and Later on after few days Bank Closed Down the Saving Account , And The Check Returns Back under Closed Account Status .. how Can One Save Himself From Criminal procedding Under Section 420 Check Bounce / Section138



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 3 Replies

Sarvesh Kumar Sharma Advocate (Advocacy)     26 July 2009

same prociding will follow.as 138 n.i.act .

give a legal notice with in 30 days,after bouncing cheque

and then file complaint before the magistrate within 30 daysafter reciving  the answer of the notice or refusal or back the notice.

adv. rajeev ( rajoo ) (practicing advocate)     26 July 2009

It atttracts sec 138 of NI Act. Issue notice within 30 days from the date of receipt of the bounced cheque giving 15 days time to make the payment and after 15 days file the complaint within 30 days, if the party fails to reply the notice or failed to make the payment.

Dharmesh Manjeshwar (Advocate/Lawyer)     29 July 2009

One cannot save himself from 138  N.I. Act proceedings ........ and One cannot save himself from prosecution u/s - 420 IPC either if ingredients of cheating are made out at the time of issuance of the cheque ....... One can just settle the matter and save himself from such proceedings


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