Ni act
Mehul
(Querist) 21 March 2013
This query is : Resolved
I hv qry that can a case be filed u/s 138 of NI Act as the Banker's Cheque was issued by Bank on clouser of account by Bank ?
Raj Kumar Makkad
(Expert) 21 March 2013
If Banker's cheque has got bounced (the possibility of which is very very bleak) then also NI Act is applicable and the criminal case can be filed.
Mehul
(Querist) 21 March 2013
can this be filed against bank manager as he has given a banker's cheque and than he himself on behalf of bank ade stop for payment
Raj Kumar Makkad
(Expert) 21 March 2013
Yes by fulfilling the entire process, he can be impleaded as an accused.
ajay sethi
(Expert) 21 March 2013
how can banker cheque be issued by bank after closure of account . banklaways verifies balance before issue of bankers cheque . complete facts of case has not been mentioned by you
prabhakar singh
(Expert) 21 March 2013
Bouncing of any kind of cheque fixes liability on the drawer.Bank who issued the cheque is liable.Bankers cheque are like draft.They ensure payment as an draft and are issued for local area payments only.
Mehul
(Querist) 22 March 2013
bank has closed my saving account having joint names. the account is closed without my sign. only one of the holder signed the clouser form and issued the banker's cheque. this cheque got rejected and had given legal notice u/s 138 of ni
Anirudh
(Expert) 22 March 2013
Dear Mr. Mehul,
It is not a BANKER's Cheque. Banker's cheque is equivalent to DD.
What you mean as banker's cheque is nothing but a Cheque from your bank account.
You have not told the full facts yet. Who issued the cheque? Who is your other joint owner? How can the bank close the account without your signature. Many facts are missing.
