Scope of offence u.s.138 nia

legaleagle (Querist) 24 May 2012 This query is : Resolved
FRIENDS KINDLY LET ME KNOW THAT IF BANK MEMO BEARS REMARKS "ACCOUNT NPA"...WILL IT COME UNDER THE SCOPE OF OFFENCE UNDER SECTION 138 NIA.
I AM FROM COMPLAINT SIDE AND ON CONSIDERATION OF SUMMONING STAGE MAGISTRATE IS ASKING FOR AUTHORITIES REGARDING IT.
KINDLY HELP ITS URGENT.

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Naresh Kudal (Expert) 24 May 2012
What is account NPA???

legaleagle (Querist) 25 May 2012
NON PERFORMING ASSEST.... In simple words defaulter of a bank

H. S. Thukral (Expert) 25 May 2012
There is a case of Mumbai High Court, of 1995 ( exact citation I dont remember but could be found ) where a cheque issued from a " suit filed account" was held to be within mischief of 138 NIA.

DEFENSE ADVOCATE.-firmaction@g (Expert) 25 May 2012
Well I am for the accused and will find way out from any NI 138 cheque bounce case.

But still for this query NPA OR NO NPA complaint can be filed, no citation needed.

ajay sethi (Expert) 25 May 2012
complaint is maintanable

V R SHROFF (Expert) 25 May 2012
At the most, accused will go for revision against issue of process, and it's order will be clear. then Trial starts.
So in all cases, one is free to file complaint u/s 138 ni.

adv. rajeev ( rajoo ) (Expert) 25 May 2012
In my opinion it does not attract NI Act, but you will have to aver like that to cheat you he issued a cheque knowing full well that his account is NPA.

Advocate Bhartesh goyal (Expert) 25 May 2012
I am also of the same opinion as expressed by Mr rajeev.

Nadeem Qureshi (Expert) 25 May 2012
Dear Querist
specially Loan account has been NPA
NI Act will be applicable

Shonee Kapoor (Expert) 29 May 2012
138 is applicable.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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