138 cases

jitender (Querist) 02 February 2014 This query is : Resolved
dear members need ur advise on following matter
IS 138 maintainable if the cheque has been issued after closure of account that is the account was already closed in march but the cheque was issued in july ..is it 420 only or 138 is also maintainable"?
any citations would be helpful..
regards

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venkatesh Rao (Expert) 02 February 2014
Both the provisions are applicable.

Advocate. Arunagiri (Expert) 02 February 2014
If the account is closed, it means that the account holder had withdrawn all the money from his account. So, when the cheque is being presented, the cheque will get returned as in sufficient funds. So, S.138 gets attracted.

In addition to S.138 you have every right to proceed a criminal case and civil suit.

Advocate Bhartesh goyal (Expert) 02 February 2014
You can file complaint u/s 138 of N.I.Act and initiate proceedings for cheating u/s 420 of I.P.C simultaneously.