Ni act.
Suresh Babu Rai
(Querist) 27 December 2013
This query is : Resolved
Good Morning Sir!
Mary 'X"mus to all of you..
My client has presented a cheque of 'X', who issued the same under legally enforceable debt to my client and it was returned unpaid on the ground that 'ACCOUNT DERMOT'(account is bot bee in operation) through the memos from realization and proper bank?
I never come across with such type of endorsement on the cheque?
Sir, whether it is punishable under Sec.138 r/w. 142 of NI Act. Can I send a legal notice to 'X' to pay the cheque amount?
Thank you one and all..
Nadeem Qureshi
(Expert) 27 December 2013
yes you can send a legal notice under section 138 (b) of NI Act. he or she can be prosecuted under section 420 of ipc too.
Rajendra K Goyal
(Expert) 27 December 2013
Account Dormat means account is not in operation for one or two years(separate for current and saving account). The account is neither closed nor can be said to have insufficient balance.
The drawer should visit the Bank and get the operation in the account started. The payee of the cheque should demand payment through registered notice in such case.
V R SHROFF
(Expert) 27 December 2013
You issue notice ni to pay.
Suresh Babu Rai
(Querist) 27 December 2013
Thank you one and all in responding to my query! I will be sending the L/N to the 'X' tomorrow itself.
I wish you a happy and prosperous new year in advance.
Suresh...
