Second time Cheque returned with the remark 'A/c. Closed'
Querist :
Anonymous
(Querist) 19 March 2010
This query is : Open
Business with a leading multinational necessitated giving blank cheques in advance for supplies, in 2003 the multinational company involved a multinational bank for its personal business advantage and all future transactions were routed through this multinational bank. The bank too insisted on 10 blank cheques of nationalised bank as security.
In 2005 business was closed and so was the bank account with the nationalised bank. The multinational company returned all the blank cheques in its custody but the bank failed to do so and said a particular amount was disputed. The discrepancies in account was brought to the notice of the multinational bank, negotiations failed and they deposited by filling the date and amount on one of the blank cheques in its custody in 2005. The cheque was returned with the remark 'Account Closed' and the bank intitated proceedings u/s 138.
The complainant bank failed to appear for cross examination and the cross was closed in 2009 and the bank has applied for revision in higher court.
Now the complainant bank has again deposited the second blank cheque in its custody for double the amount(most probably with interest)for recovery of the same amount for which trial is in progress and given a fresh notice u/s 138.
Is their any remedy for the accused. Can the accused lodge police complaint/FIR for harassment against the complaiant bank (if yes under which section) and or apply to court where the case is already in progress to restrain complainant from proceeding further (if us under which section).
Prakash Yedhula
(Expert) 20 March 2010
Your can seek to quash the second complaint by filing an application before High Court under Section 482 CrPC.