Section - 138 ni act-- notice recived by us " insufficiant balance" but a/c is already closed
Nainil
(Querist) 03 May 2013
This query is : Resolved
Dear Experts,
One of our relative misused a cheque issued to him. we have already pay his legal dues by issuing another cheque. but at the time of returning a cheque. He told us that, cheque is misplaced.
In between, we closed that Bank A/c.
After few days he found that cheque and deposited in a bank (misuse of cheque) and send a notice to us stating that- cheque is dishonoured because of " Insufficient Bal".
But we had already closed that A/c and we have proof also.
He sent wrong notice.. can NI act applicable in case of wrong notice sent to us ?
He is a approved money lender but not ready to show his books of A/c.
Even he doesn't have any proof which proves that he lend us money. he accepted in the court that he gave money in cash only without any written proof.
I am in tension please advise me what should i do?
ajay sethi
(Expert) 03 May 2013
even if account is closed complaint under section 138 ni would be maintainable . however complainant has to prove that there is debt due and payable . if you have repaid loan taken you must have proof of payment .
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 May 2013
Cheque law is draconian and you have been trapped , that is what happens with most of such cases.
Keep cool,collect evidence of other money lending activities or may even cases filed against others.If you can do this swift and effective counter action is possible.
Case will be filed even if wrong notice or ac closed but there will be other goof up in the story for which you can take benefit.
Engage an expert in the line and you can come out of this problem.
R.K Nanda
(Expert) 03 May 2013
no more to add.
Raj Kumar Makkad
(Expert) 03 May 2013
If you have already made the payment to him against the earlier cheque and had also replied to the notice of the complainant that you have no debt against him and further that he has misused the earlier cheque then it is highly difficult for the complainant to prove his debt and thus complaint shall get dismissed.
