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adv. rajeev ( rajoo ) (practicing advocate)     10 July 2010

NI Act " Exceeds Arrangements"

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/


Learning

 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     10 July 2010

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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DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     10 July 2010

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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Gundlapallis (Advocate)     11 July 2010

Very aptly said by Sasikumarji !

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     11 July 2010

Thanks to all.

Anil Agrawal (Retired)     12 July 2010

Are you sure it was a bearer cheque?


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