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Bounced cheque

(Querist) 11 May 2012 This query is : Resolved 
if a person money in his bank a/c has been wiped out and despite of this if he has issued cheque, then what are the liabilites he can face and what all remedy the issuer of cheque can take????

pls rply
Suhail A.Siddiqui (Expert) 11 May 2012
all as per Section 138 of NIA.
ajay sethi (Expert) 11 May 2012
settle with complainant . make payment within 15 days after legal notice
Guest (Expert) 12 May 2012
He can face prosecution under Section 138 of NI Act which carries an imprisonment of up to 2 years. Settle the matter with the payee.
ashutosh mishra (Expert) 12 May 2012
1)A criminal complaint u/s 138 of Negotiable Instrument Act;

2)A civil summary suit of realization.

Both can go to gather.
N.K.Assumi (Expert) 12 May 2012
Agree with the experts specially Ashutosh, and nothing to add.
Advocate Rajkumarlaxman (Expert) 12 May 2012
agree wth expert ashutosh adding to that he has to face142 of NIAct also.
V R SHROFF (Expert) 13 May 2012
he faces 138 n.i. punishment & also liable in civil suit. He can face ipc 420 also.
S Jadhav 98336 98330 (Expert) 15 May 2012
Yes, he may be liable to be prosecuted for fraud and booked under the criminal law too besides under the NIA and civil suit.
PIYUSH BANSAL (Querist) 15 May 2012
thanks for ur adivice to all my friend....


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