New LIVE Course: Learn the Practical Nuances of IPR Drafting by Adv. Gautam Matani. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ravi kumar ( )     29 December 2010

Instances - sec 138

dear members on LCI,

what happens after the case of the complainant  u\s 138 has been disproved by the accused during trial?

r there any other legal avenues left for the complainant to explore?

or does he put the bounced cheque in his back pocket and go home?

what can be the options for the accused?


ravi kumar



 11 Replies

Bhawani Mahapatra (Law Officer)     29 December 2010

Dear Ravi

Even if the case u/s 138 NI Act diaproved during trial, the complainant can produce the cheque before the bank till its life. If at all not encashed from the bank, the complainant can file a money suit for recovery of money before the civil court.

Arvind Singh Chauhan (advocate)     29 December 2010

I agree with Mr Bhawani.

Dharmesh Manjeshwar (Advocate/Lawyer)     30 December 2010

well if the case of the complainant u/s - 138 has been disproved before the trial court .....

then complainant can go for an appeal/s before higher court/s .......

well a case u/s - 138 could take more than 6 months to conclude ........ so the cheque is actually dead by then ....... and cannot be presented before the bank ............... it's useless ..........

another option would be to initiate civil recovery suit on the basis of the cheque ......

Gopal Singh ( Advocate)     30 December 2010

You have not mentioned the name of trial court.Mr. Dharmesh Manjeshwar is correctly advised.

Partho Bhattacharya (Director)     31 December 2010

Is it must for the accused to take bail for cases u/s NI 138, even if he is wrongly implicated on the first DOH.

Secondly, Is it correct  to issue summon to an ex-Director of a company who is not even a signatory to the bounced cheque? Pls update your views on this.Regards Partho Bhattacharya


DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     01 January 2011

Yes bail has to be taken. Once the process is issued you have to fight in the court.

Narender Raj G (Advocate)     27 June 2011


If the complainant has got a good case, it is advisable to file appeal. 

Otherwise, the complainant has to approach the civil court, if limitation permits. 

Proving a civil suit; easy for the holder of the dishonoured cheque, since the defendant also has got a burden to enter witness box.

Mere holding a dishonoured a cheque is not a guarantee for favourable orders against accused. The accused has got every right to rebut the presumption available under section 139 of NI Act.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     28 June 2011

Holders of bounced cheque pl do not remain in over confidence, you have to prove many things and accused has all the chances to come out of it. Once case is dismissed civil remedy is very defficult.

Sajeev Menon (Legal Consultant Dubai 00971 508836442)     28 June 2011

Dear Mr.Ravi,


You can approach the civil court for the realisation of money, attach the property if any belongs to the respondant under the pretext that there is every chance by the respondant to alienate his property to avoid the probable court order and execution against him. At the same time you can appeal the District court against the aqittal to punish him under 138 of NI Act

krishnamoorthy (lawyer)     03 July 2011

sir in case death nof complinant

krishnamoorthy (lawyer)     03 July 2011

sir ,

i want in ni act 138

in case death of complinant

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register