sunil Rathore 16 November 2017
G.L.N. Prasad (Retired employee.) 16 November 2017
I am afraid that 138 NIA covers only when the instrument is presented and returned by the drawee bank for inadequate funds, refer to drawer, etc. Any negotiable instrument commences it's operation only when it is presented to the drawee.
Advocate Bhartesh goyal (advocate) 16 November 2017
Dr J C Vashista (Advocate) 16 November 2017
There is no such remarks ever heard or read as stated by you inter alia, "Bank closed".
G.L.N. Prasad (Retired employee.) 16 November 2017
It may be possible, as some banks have closed their uneconomical branches, and those accounts were merged with nearest branches (Mainly semi urban & rural branches). When those cheques were presented to that branch by post, postal dept., are returning the cheques with such reasons.
sunil Rathore 16 November 2017
G.L.N. Prasad (Retired employee.) 16 November 2017
I am sorry, I am not aware as to what you are expecting as guidance from a forum of lawyers.
The case can not be filed as one likes, there is a laid down procedure for issuing notice before commencing other action,
If you are really honest and wish to stand your commitment just pay it to avoid further action.
How can others provide your grounds of defense, when you fails to honor your commitment even after 7 years ?
May be, you contact a local advocate that can suggest you grounds and definitely do not expect guidance from a open and public forum.
You have just provided few words of facts and members are guessing the reasons, and after 6 replies you are just opening up one by one and not coming out with facts and seeking guidance how to avoid your commitment that made 7 years back.