PRAKASHCHANDRA MARU (lawyer) 18 August 2010
the magistrate informed me that gujarat high court had given judgement that in guj high court scc voulume 6 72 unreported judgment when the account is closed the 138 does not attract and matter kept for fix for hearing pls send me the judgement which can become help ful me after the 2009
regards
PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 18 August 2010
Dear sir,
Payment stopped/Account closed. Dishonouring cheque on ground that account was closed is consequence of act of drawer bringing his account to ‘Nil amount’ – such dishonour of cheque would attract Sec. 138 – Sec. 138 would become dead letter if instruction issued to bank to stop payment immediately after issuing cheque against debt or liability. 1999 (2) CTC 347 SC.
adv. rajeev ( rajoo ) (practicing advocate) 19 August 2010
A/c closed is an offence, but it is necessary to see the circumstances to close the account
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 19 August 2010
Reddy sir , if the account is closed after the valididy of cheque is expired, no offense.
The complainant has to first establish legal liability on the date of cheque from that person.
PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 19 August 2010
CHQ IS VALID ONLY SIX MONTHS FROM THE DATE OF ISSUANCE I.E DATE ON THE CHQ.(WRITTEN)
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