Case u/s 138 of negotiable instruments act..

Rajan (Querist) 17 March 2019 This query is : Resolved
I got the message from my bank that cheque present by you for credit in your a/c got returned unpaid with memo Accounts blocked

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Rajan (Querist) 17 March 2019
What's meant by Accounts blocked

Dr J C Vashista (Expert) 17 March 2019
No account can be blocked by bank in the given circumstances.
Show the memo to a local prudent lawyer or contact your banker for clarification.

Guest (Expert) 17 March 2019
Very vague query! How do you want to link Bank's verbal/phonic message of dishonour of cheque with any case under section 138 NIA?

Simply go to the bank and collect the cheque with appropriate memo of dishonour of cheque and contact the party to realise the amount of the cheque or, if he disagrees to pay your dues, serve a legal notice to the party.

Suresh Pillai (Expert) 17 March 2019
Mr Rajan,
The cheque was presented by you as per Bank Memo. It means you are the Payee who is to receive money from the Payer (the person who issued the cheque to you).
If the cheque dishonoured for the reason of insufficient balance, then only it will attract the Provisions of Section 138 of the NI Act, otherwise not.
For whatsoever reason the Payer's Account is blic

Suresh Pillai (Expert) 17 March 2019
For whatsoever reason the Payer's Account is blocked, it may not attract the Provisions of Section 138 of the NI Act

Guest (Expert) 17 March 2019
Even if the Cheque gets returned for the reasons account is blocked Sec 138 of N.I. Act could be made out if other conditions such as with regard to notice, the Cheque being to discharge liability or debt are fulfilled.

P. Venu (Expert) 17 March 2019
The facts stated do not suggest any action or cause of action under NI 138.

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