Civil Procedure Code (CPC)

NI Act " Exceeds Arrangements"

practicing advocate

I am contesting NI act on behalf of the one of the accused, who had issued a bearer cheque of the partnership firm to the complainant. Bank has returned the cheque as exceeds arrangements, which was filed after 5 months by the complainant for encashment. Firm had over draft facility but OD limit was crossed. Let me know whether exceeds arrangements amounts to an offence u/s 138 of NI Act/
 
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Practicing Advocate

OD limit is the maximum amount that can be paid from the account by an arrangement with the bank. So, when OD limit is exceeded, it should attract s. 138NI, according to me.


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POWER OF DEFENSE IS IMMENSE

Apart from this technicality please note that the cases  ARE NOT WON BY COMPLAINANT BUT ARE LOST BY THE ACCUSED.

You have many many opprtunities to attack, go ahead and do it.


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Advocate

Very aptly said by Sasikumarji !


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practicing advocate

Thanks to all.

 
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Retired

Are you sure it was a bearer cheque?

 
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