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zaheer khan (self Employed)     17 December 2009

My freind has issued me a cheque but his a/c is closed

My freind have issued me a cheque of rs 40,000/- but he has no a/c or it has been closed.so can i deposit the cheque ?



Learning

 12 Replies

H.D.Kumaravelu (Advocate)     17 December 2009

Sir,

Is your cheque dated if so the date of the cheque. If the cheque is dated and if your friend has closed the account in the bank of which he has issued a cheque and if the date of cheque is within 6 months from today, you can deposit the cheque.


(Guest)

If your friend issues cheque before closing of his account with the bank you can not made any allegation against him. After closing of account if he issues cheque he is laible for repay you the amount and if you lodge a complaint it will become crime. After closing of account you can not deposit the cheque. How can bank debit the amount from the closed account ?

kranthi kiran (Works In Judicial Department)     17 December 2009

If the (6) months period from the date of cheque is not expired, deposit the Cheque  with the banker. It doesn't matter, whether account is closed or not. Obtain the return memo from the banker. Then lodge  a complaint with police for the cheating. Also intiate proceedings under N.I.Act

Shamsheer Pal Singh Dhillon (law associate)     17 December 2009

do one thing. get the dishonered from the bank and when u get the memo ask a lawyer to send a legal notice to your friend

there are chances that people get frieghtened receiving it and if they dont reply get a suit filed under 138 N.I Act and C.R.P.C and get bailabe warrants issued againts him.

Anil Agrawal (Retired)     17 December 2009

 He gives you a dud cheque and you call him your friend. 

You can get him convicted but remember you will end up spending prime years of your life running to the court and many times more the amount of cheque. Talk to him to settle it. If you get the money, O.K. 

If not forget the money and forget the friendship. 40000 is not a big amount to get rid of such a friend!

Meenakshi (Lawyer)     18 December 2009

 ANil i dont agree with you....U should be motivating people not teaching them to run away from thier problems....40000 might be a big amount for this gentlemen if not for you......He considers him a friend is his problem and exactly the reason why he lend him money.......My advice is the same of what Anil says though...settle it with your friend ...ask him why and what? if he is being unreasonable and u get the feeling of being deceived then send him a legal notice........That should pretty much work for you and also like Anil said TOO much time will  be wasted in this matter if u take it to court  for an amount like 40,000 but DONT be stupid and do nothing abt it ..just scare him a bit....

Anil Agrawal (Retired)     18 December 2009

 Please don't be scared. Go ahead and file the case if that suits you moneywise and timewise. 40000 is a certainly not a small amount to me either. But, I know what will happen in recovering it through court. 


(Guest)

could this be also criminal breach of trust or cheating . When the friend knew that the bank account didnt exist or was close? just curious.

Shamsheer Pal Singh Dhillon (law associate)     18 December 2009

hmmmm I really like the way Menakshi thinks.. We should motivate people to fight for their rights. otherwise people will loose faith i our Judicial System.

p.sowrirajan (advocate)     18 December 2009

dear friend

account closing attracts n.i.act 138. the supreme court in nipc micon company case refer 1999 cr.law journal gave the verdict account closing equated to insufficient funds. the accused /drawer cannot play any more mischief. the mischief rule of interpretation applied [hyden rule]

the accused drawer accordingly punished.

sunil pagare (lawyer)     25 December 2009

Closing account after cheque issued is an offence u/s 138 of NI act. U can deposite it in bank  & after receiving memo  send legal notice to him & ask the cheque amount if he faile for the same then u can filed complaint against him in the court of law.

subhash kumar (advocate)     26 December 2009

dear friend you can deposit the said cheque within 6 months from the date of instrument and on bouncing of the cheque can sent the legal notice and filed the case u/s 138 NI Act

Subhash Kumar, Adv


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