N.i.act
E. Venugopal
(Querist) 22 July 2012
This query is : Resolved
A cheque was returned for the reason account closed of the accused. Complainant after three months again presented the same cheque it was returned for the same reason and filed complaint under 138 N.I. Act. Whether the cause of action starts on the first presentation as it was account closed or on second presentation. Please clarify and if any citations please enlighten me.
Devajyoti Barman
(Expert) 22 July 2012
From the date of dishonour at the second time.
Time of first dishonour is not the side of the complainant and hence it is advisable to avoid it.
ajay sethi
(Expert) 22 July 2012
there are some judgements to the effect that in case acccount is closed and cheque is returned dishonoured with endorsement account closed complaint under section 138 Ni is not maintanable .
in your case you were fully aware that account is closed yet you represented the cheque .
it is advisable to file a summary suit rather than get involved in lengthy court battle on mintanability of complaint under section 138 Ni
