NI ACT

Arvind Singh Chauhan (Querist) 03 January 2010 This query is : Resolved
Sir, whether bank may be complainant under 138 NI Act or in other provisions in case of bouncing of cheque?

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Srinath Kondapally (Expert) 03 January 2010
U/S.138 also Bank will be the complainant

Devajyoti Barman (Expert) 03 January 2010
Yes, surely.

Arvind Singh Chauhan (Querist) 03 January 2010
But Sir drawer is not liable for any debt or other liability towards bank?

Devajyoti Barman (Expert) 03 January 2010
That is to be proved by the accused person. The initial presumption is against the drawer only.

Arvind Singh Chauhan (Querist) 04 January 2010
Thanks Sir.

Raj Kumar Makkad (Expert) 04 January 2010
Why bank should be treated separately?

Sachin Bhatia (Expert) 04 January 2010
Yes, surely bank may be complainant under 138 NI Act.

Sukhija (Expert) 04 January 2010
if the chq is issued by the drawer in the name of bank then bank can be complainant.Or bank is holder in due course then only it can b complainant.

Arvind Singh Chauhan (Querist) 04 January 2010
Sir again I am confused. How bank may be complainant. Don't you think that only aggrieved may be a complainant. If bank can complain, then any person from general public may be a complainant.

Ajay Bansal (Expert) 04 January 2010
No.Since the offence is compoundeable,so only aggrieved person can file a complaint.Bank is not an aggrieved person.

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