cheque dishonoured due to wrong account no. of accused
Querist :
Anonymous
(Querist) 10 June 2011
This query is : Resolved
R/Members
one of my customer give me a cheque in discharge of his liability but later on that was dishonoured due to wrong a/c no. of accused on cheque, can i file a complaint us 138 NI Act.Kindly advice.Regards
PALNITKAR V.V.
(Expert) 11 June 2011
Firstly issue a notice. If the customer doesnt pay you despite service of notice, then his intention to dupe you would be clear. In that case you can plead that he gave wrong account number deliberately.
prabhakar singh
(Expert) 11 June 2011
It would have been better if you could have informed us that a/c no was written by hand by him or it was printed.
Any way to proceed u/s138 of N.I Act,service of NOTICE OF DEMAND with in time is a must,as
Mr. Palnitkar v has already advised.
Querist :
Anonymous
(Querist) 11 June 2011
R/Sir
it is written by hand,Regards
prabhakar singh
(Expert) 11 June 2011
I still opine you serve him with a notice of demand to pay the amount of cheque with in15 days,stating that if he does not pay,you will have reasons to believe that he intentionally wrote a wrong a/c no.with intention to cheat you,as he also did not have sufficient cash balance in his a/c ,only there after lodge the F I R if no payment is made by him and also do not forget to file a suit of recovery of amount of cheque. TRUE it is as Mr.Rajeev has put that provisions of 138N.I.Act would attract only when cheque was bounced due to want of sufficient balance, and if this reason is not recorded on Bankers'slip, only cheating case could be lodged.
prabhakar singh
(Expert) 11 June 2011
If he does not pay on notice of demand,mens rea can be construed.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 11 June 2011
no wrong account number does not attract mens rea. what acceptor of cheque was doing , he should have done due delligence.
There are no of SC citations where the apex court has thrown out even conviction .
PALNITKAR V.V.
(Expert) 11 June 2011
If holder of cheque comes to know that the Account Number was wrong only after he receive a cheque bounce memo, how can it be said that he was not diligent. However, if there is any judgment of any HC or SC, I would love to have it to update my knowledge. So please post it.
adv. rajeev ( rajoo )
(Expert) 11 June 2011
