NI ACT 138

Querist : Anonymous (Querist) 07 May 2010 This query is : Resolved
Sir
I was in business dealing with a firm they took a blank cheque as security in start of business in 2006, later we have some disputes and there was some payment due as per their books of a/c .They got bounced the cheque but as cheque was 4 year old and due to bank internal system and as bank started internet banking my a/c no changed by the bank and bank gave reason (correct a/c no. recquired).At cheque bouncing date my a/c was short of funds also but on cheque bouncing advice bank did not showed insufficent funds ,now that firm has issued notice u/s 138 .is it possible for them to pull me under 138

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A V Vishal (Expert) 08 May 2010
Technically they don't have a case but evidence can

adv. rajeev ( rajoo ) (Expert) 08 May 2010
Change of a/c number does not attracts NI Act.
It is a change in the banking system, evem though there is short of funds in your a/c notice should be like that, otherwise complaint is not maintainable if filed.

Kiran Kumar (Expert) 08 May 2010
i agree with Rajeev, there is a recent judgment of SC which gives strict interpretation to the provisions of 138 NI Act.

u r safe, and can not be held liable under S.138 NI Act.

PJANARDHANA REDDY (Expert) 08 May 2010
IN UR CASE THERE IS NO LEGALLY ENFORCEABLE LIABILITY AS PER S.138.

THE ATTACHED CASE OF SC CAN GIVE SOME INFORMATION ABOUT-- HOW TO DEAL UR CASE.

Virender Pankaj (Expert) 08 May 2010
Dear author, No case is made out u/s 138 N.I. Act as per the facts stated by you, however you can’t stop the said firm to file the complaint u/s 138 agasint you before the Court and it will be decided subsequently by the Court, whether you are liable for the same or not. You should give proper reply to the notice with the help of good lawyer.

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