What if one issues me cheque of someone elses's account ?

Guest (Querist) 26 June 2010 This query is : Resolved
Will he/she be charged under negoitiable instrument act 138 or 420 or both or none ?

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Devajyoti Barman (Expert) 26 June 2010
As The N I Act,a special Act was enacted for smooth functioning of business the Courts are generally hesitant to prosecute a person under both NI Act and u/4220 IPC.

B K Raghavendra Rao (Expert) 27 June 2010
The person who has signed the cheque, if he/she is legally due to pay any sum to you, become liable to be prosecuted under Section 138 of Negotiable Instruments Act otherwise not. When it comes under Negotiable Instruments Act, you cannot charge him/her under Section 420 of IPC. If cheque is issued fraudulently on an account not existing etc., then Section 420 comes into play.

adv. rajeev ( rajoo ) (Expert) 27 June 2010
U can file one complaint under both section.

G. ARAVINTHAN (Expert) 27 June 2010
i agree with Devajothi

Parthasarathi Loganathan (Expert) 27 June 2010
This is only hypothetical as the case stated in the query is itself a case of misrepresentation as a drawer is bound to draw cheque only for his account and there is no provision to change the account number and issue a cheque on some other account. Bank's have already taken adequate precautions to ensure that cheque books are issued duly affixing the account number of the drawer in all the leaves of the blank cheque

Pankaj Kundra (Expert) 29 June 2010
no

DEFENSE ADVOCATE.-firmaction@g (Expert) 03 July 2010
AS Mr Devajoti stated courts are hasitant to start proceedings under two sections.

Morever the burden of proof will be on you that cheques were issued from defferent account.

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