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PRAKASHCHANDRA MARU (lawyer)     18 August 2010

negotiable instrument act

hello all learned  i lodged the  complain under the  section of 138  of  N I ACT the reason was the  dishonour cheque was  the  accuont closed 

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



Learning

 4 Replies

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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