N.i.act-clarification
E. Venugopal
(Querist) 22 May 2012
This query is : Resolved
Good Morning to every one. In a N.I. Act case cheque was returned due to closure of account. The cheque amount is for Rs.3,00,000-00 and the words written as "thire lacs only". What defence can we take about the words for which there is no meaning i.e.thire. Please suggest (also if any citations). Thanku
Ajay Bansal
(Expert) 22 May 2012
As the account was closed and amount in cheque was written with an intention to mis-lead the Bank, so criminal case u/s 418/420 IPC has been made.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 22 May 2012
Yes both possibilities are reality.
If you are accused you can contest the case from first day intelligently and can win on technicals.
If you are complainant move with proper steps and pleadings and all the sections suggested above can be slapped.
SAINATH DEVALLA
(Expert) 22 May 2012
Here the accused has an upper hand than the complainant.Kindly clarify one thing,was it a blank cheque or a duly filled by the accused?If it was a blank cheque,the odds favour the accused,even if the status of the account is closed.I don;t think 138 NI ACt will withstand.Better go for 418/420 ipc.
Shonee Kapoor
(Expert) 22 May 2012
One can move for Sec 420 in such case.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
venkatesh Rao
(Expert) 22 May 2012
The defence sought to be set up is frivolrous
R Trivedi
(Expert) 23 May 2012
Bank is not supposed to tell you that Accounts is closed if the instrument is not proper.. Banks even mark insufficient funds, for signature mismatch also, even though they are not supposed to intimate this aspect.
As per the act, this cheque cannot be passed by the bank as the amount in the word is not clear. S.420 talks of dishonest intentions at the start or prior to act, NI act talks of dishonor of properly drawn cheque. Trial court may take the cognizance, but drawer has sound defense, the case will change if you have any solid evidence regarding delivery of this cheque to you.
R Trivedi
(Expert) 23 May 2012
Bank is not supposed to tell you that Accounts is closed if the instrument is not proper.. Banks even mark insufficient funds, for signature mismatch also, even though they are not supposed to intimate this aspect.
As per the act, this cheque cannot be passed by the bank as the amount in the word is not clear. S.420 talks of dishonest intentions at the start or prior to act, NI act talks of dishonor of properly drawn cheque. Trial court may take the cognizance, but drawer has sound defense, the case will change if you have any solid evidence regarding delivery of this cheque to you.
