Negitiable Instrument Act
Querist :
Anonymous
(Querist) 15 April 2011
This query is : Resolved
In a case under Section 138 of N.I. Act, the accused taken a plea that, before depositing the alleged chaque by the complainant his chaque book was lost and in this regard he filed a F.I.R. in this regard mentioning the cheque numbers before the police and Police given G.D. Entry thereof and after due inquiry issued a report in this regard. Thereafter the accused submit a application along with the police report to the Bank Manager and requested him to close his Bank account. Subsequently the Bank closed his savings account.
After few months the complainant deposit one of the lost cheque in his account, accordingly the said cheque was dishonored and the Bank authority wrongly mentioned that, the cheque was dishonored due to "Stop Payment" by the account holder in their cheque returning memo in stead of "Account Closed".
Now my question is that;
1. In this instant case whether the accused is liable to convict ?
2. Whether the accused entitled any relief in this case ?
3. How the accused set his defence plea ?
4. Whether the Bank authority can liable for giving wrong information ?
5. Whether the Bank authority have any liability to pay the cheque amount to the complainant, if the bank closed the account of the accused without observing Banking Rules & Regulations for closing any account?
R.Ramachandran
(Expert) 15 April 2011
In this case, I assume that you are the complainant. (Correct me, if my understanding is incorrect.)
Please indicate what was the reply given by the drawer of the cheque to the notice issued by you. Whether the reply to the notice was on the same lines as the defence now being taken.
Please also indicate whether the entire cheque was prepared, dated and signed by the drawer or it was only signed and later on name, date, amount etc. was filled by you or got filled by you.
Querist :
Anonymous
(Querist) 16 April 2011
I am the standing for the accused. In the reply of the notice this defence was taken. The accused only put his signature on the alleged cheque and the rest portion was fill up by the complainant letter on.
Advocate. Arunagiri
(Expert) 16 April 2011
As the police case was launched even before the presentation of the cheque, there is a good defense for the accused.
Querist :
Anonymous
(Querist) 18 April 2011
Can you provide me any recent citation in this respect, if you remember ?
