Sec. 138 of N.I.Act
Querist :
Anonymous
(Querist) 17 March 2010
This query is : Resolved
Five years back complainant bank deposited one of the blank cheques in their custody as security the complainant failed to appear for cross examination and the cross was closed, now the complainant has deposited the second blank cheque in its custody for double the amount for recovery of the same case for which trial is in progress and given notice u/s 138 is their any remedy for the accused. Can the accused lodge police complaint/FIR for harassment against the complaiant and or apply to court where the case is already in progress to restrain complainant from proceeding further
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Praveenji Thank You, the bank had taken 10 cheques as security deposit of the accused in 2003, of which one was banked in 2005 and was returned with remark 'account was closed', the proceedings are still on for the first cheque now the complainant bank has deposited the second blank cheque for double the amount. The court has closed the cross due to absence of complainant and the bank has applied for revision to sessions court can this be taken as a reason to obtain some sourt of a restrain order from the same court or higher court can this be a reason to make police complaint for harassment.
Parveen Kr. Aggarwal
(Expert) 17 March 2010
There is no legal provision which authorise a bank to get blank cheque from its debtor. You have not stated what has been pleaded by the bank in the second complaint about the delivery of the cheque, i.e when and what manner the cheque was issued by you. In case the bank fails to prove that the cheque was issued by you subsequent to the dishonour of the first cheque, the complaint may fail. The court seized of the first complaint matter cannot be restrained from proceeding further.
