CHEQUE DISHONOURED

Querist : Anonymous (Querist) 13 November 2010 This query is : Resolved
CHEQUE BOUNCE WITH BANK REMARK ACCOUNT CLOSED.
IS 138 APPLICABLE
IS CIVIL REMEDY FOR RECOVERY OF THE CHEQUE AMOUNT.
IS CRIMNAL CASE UNDER CHEATING APPLICABLE.
PLEASE GUIDE.

thank su arvind sir

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Arvind Singh Chauhan (Expert) 13 November 2010
138 is applicable only if the date of issuing of cheque is older than the date of closure of account.

Recovery suit is possible.

Cheating case is possible if in lieu of this cheque some property has been received by the drawer.

Querist : Anonymous (Querist) 13 November 2010
thanks to arvind sir

s.subramanian (Expert) 13 November 2010
I agree.

Advocate. Arunagiri (Expert) 13 November 2010
Even if the cheque is dated after the closure of the accounts, the 138 case is maintainable. Because the beneficiary receives in good faith that the account is live.

Kirti Kar Tripathi (Expert) 14 November 2010
agree with Arun, Recovery suit is also maintainable.

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