Wrong account number put by accused on cheque
Querist :
Anonymous
(Querist) 24 November 2011
This query is : Resolved
R/Experts
I land some money to my friend and in discharge of his liability he issued me a cheque, which was presented in my bank for payment/clearance but that cheque was returned to me with endorsement"invalid account number" thereafter i send legal notice to the accused but he did not make the payment ,ultimately i filed complaint us 138 Of NI Act through my counsel but now a another lawyer advised me that this reason "account no. invalid" does not attract 138 NI act and crl complaint us 420 IPC as the accused intentionally put his wrong a/c no. on the cheque was proper remedy,he further stated that this is a very big lacuna in my case and definitely i will loose my case only on this point..Now i want to know that whether account no. invalid attracts 138 NI Act or not.kindly help and suggest me.Regards
Vijender Sirsa
Raj Kumar Makkad
(Expert) 25 November 2011
The suggestion of that lawyer is not legal and your complaint has properly been filed under section 138 NI Act. There is no any problem therein.
Rajeev Kumar
(Expert) 25 November 2011
Mr. Makkad has rightly advised and i do agree
Shonee Kapoor
(Expert) 25 November 2011
I also concur.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sukhija
(Expert) 25 November 2011
chq returned due to Wrong a/c number, S138 NI Act not attracted. I dont think u will succeed if u proceed.
Raj Kumar Makkad
(Expert) 25 November 2011
Sukhija! Can you post any citation in support of your advice?
Advocate. Arunagiri
(Expert) 25 November 2011
Mentioning a wrong account number is the mistake, it can not be equated with an offense mentioned in 138 NI Act.
You have no case u/s 138 NI Act. You can try s.420 IPC.
The essential ingredient of a cheque bounce is case is "insufficient fund", as the cheque was bearing a wrong account number, there is no chance for returning for "insufficient fund".
Sorry Mr.Makkad, I disagree with you.
Arvind Sehdev
(Expert) 25 November 2011
Agree with Mr.Arunagiri.
first send a notice to the accused . see if he is prepared to correct his mistake. If not then file a 420 IPC case against him.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 27 November 2011
For wrong account number no citation needed, NI 138 will not be attracted. The basic law says that the cheque by the issuer from account maintained by hi.
again for IPC 420 you have to give lot of evidence starting from who put the wrong account number and actually the cheque was given by the accused at all and before whom and far what liability.
Whether the accused induced to part with any valuable security on the basis of cheque.
V R SHROFF
(Expert) 05 January 2012
What did he reply to your Notice is important.
