cheque dishonour with remarks a/c close u/s 138
KAPIL
(Querist) 22 April 2011
This query is : Resolved
Sir,
I was given a blank cheque to him as token money against property in 1995, i said him that the same cheque will be encashed only if makes agreement with me in written. But he did not made any agreement with me nor return cheque to me. I had number of time visited in his office with my wife, he did not given back my cheque. In June 2005, Bank Closed my account without intimation due to not maintaining minimum balance. In 2009 he presented the same cheque into bank, the bank return the cheque to party with remarks "insufficent fund". Now he has filed suit upon me with the demanding Rs.2Lac under section 138. He is saying that he has given cash loan to me against the same cheque. Please suggest me
Advocate. Arunagiri
(Expert) 22 April 2011
you have to face the trial. take the defense in the court.
adv. rajeev ( rajoo )
(Expert) 22 April 2011
You are not intentionally closed the account to cheat the person to whom you have issued a cheque. After 10 years he has presented the cheque even though it is a debt payable by you, such debts are time barred debts.If case is filed then contest the case. Meet the good lawyer.
Guest
(Expert) 22 April 2011
Dear Kapil,
First of all, the cerificate of bank about insufficient funds is wrong and false, if given in 2009, while the Bank closed your account in 2005.
Secondly, the suit under sec 138 may not lie due to closure of account, as the section deals with only insufficiency of funds.
You can fight the case on these grounds and the case can be expected to be discharged.
Sachin Bhatia
(Expert) 28 April 2011
You have to strongly face the trial and prove that there is no libility pending at your end.
