Account Blocked/Freezed can be prosecuted under 138 NI Act.

Yes, section 138 of N. I. Act will be applicable. But before filing a complaint  send notice stating facts and demanding the amount from him within 15 days from the date of receipt of your notice. If he fails to make the payment  in 15 days than file the complaint within one month from the date of receipt of the demand notice by him.

Dear Anurag,

Go through the below citations:

 can u please give me judgements on issuance of two notices on one cheque

Mr.Shree has guide you rightly.

But Mr.Saurav you cannot send two notices and in future you have to rely on one only. It is not mere a letter but a Notice through officer of the court (Advocate).

Regards

adv.kamal.grover@gmail.com

DEAR ANURAG,

when ever u have legally enforceble debt obligation from ur claint under 138 NI ACT,the case can be made and certainly you can win , the technical interpretations are quite common but depends on the grounds of arguements, however shree  has given most available citations....regards.PJANARDHANA REDDY 99851 33699 ponaka2008@gmail.com

Actually Account Blocked / Freezed means blocked or freezed by the order of the Court.  I want to know in such case, 138 is applicable or not.  Is yes, then any Judgement in support of it. 

I am still awiting for comments from my learned friends

1.  If the  Account is Blocked or Freezed by the orders of the Court,  THEN no legal action whatsoever, can be proceeded against.

2.  The Court becomes the culprit in such cases and the Court cannot be prosecuted.

3.  The Drawer has no control or say "intention" to get the cheque dishonoured by his bank, when the account is under judicial compulsion / intervention.

Hence no action u/s 138 or for that matter under any law can lie, when there is Freeze order by the court of law.

Keep Smiling .... Hemant

Account Blocked / Freezed means blocked or freezed by the order of the Court.

Frnd,

I agree with Hemant Agarwal.  Account blocked is not an account closed. It does not attract NI Act.

ACCOUNT BLOCKED/ FREEZED ARE NOT COME UNDER SEC.138 OF N.I. ACT. BUT YOU CAN FILE COMPLAINT U/C 420 OF I.P.C.

SHREE,

ALL RULINGS ARE SUBMITTED ARE ON ACCOUNT CLOSED, VERY GOOD ,

I APPRECIATE RULINGS,

 HERE THE CASE IS OF ACCOUNT BLOCKED/FREEZED.

ACCOUNT CLOSED & ACCOUNT BLOCKED/FREEZED ARE DIFFRENT.

any Current rulings on Account closed are available

any current Rulings of Supreme Court on Account closed are available in favour of accoused are available with any one...

here i have attached bombay  high court judgment  on account sealed by crime branch and in such event if a cheque gets dishnoured then it is for reasons beyond control of the accused so he cannot be punished  under section 138 of the negotiable instrument act and there is one more judjment of supreme court in the case of rajkumar khurana where in the supreme court has held the 138 negotiable instrument act is attracted only in cases where cheque is returned only for inssufficiant funds and for no other reasons of return of the cheque will attract  the negotiable instrument act