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Cheque return

(Querist) 29 May 2013 This query is : Resolved 
am participating in a unregistered chit fund conducted by a women, last march i have participated in auction and won the chit, she gave me cheque for the receivable amount, but cheque got returned due to her a/c is inactive and closed long back, now she also ran away with huge amount, but my lawyer says that within one month of cheque return we need to fill case for cheque return, now my question is cheque got return not because of inefficient balance but for a/c got closed, what is the solution for my, i want to fill two cases one for cheating and another one for cheque return where in which we can get warrant against her
Sankaranarayanan (Expert) 29 May 2013
Without active or operational account a person issued a cheque is also. Wrong. With in month you need to sevice notice abd ask the reason with your money and damage ccause. If no answer with in stupulated time. You haave legal right. To file a caaase unser 138 0n0i act. For that you approch your local lawyer
Raj Kumar Makkad (Expert) 30 May 2013
closure of account do come within the ambit of offence punishable under section 138 NI Act so the opinion of your lawyer is correct. You can file cheating and cheque bouce pleadings in the same case.


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