Can we file a cheque bounce case against the opposite party if they initiate insolvency proceedings? Or IP
sai kiran 23 March 2024
Can we file a cheque bounce case against the opposite party if they initiate insolvency proceedings? Or IP
T. Kalaiselvan, Advocate (Advocate) 23 March 2024
Both are different subjects, if you have his cheque bounced with you, you are not prevented from proceeding with the cheque bounce case against him under section 138 NI Act
Advocate Bhartesh goyal (advocate) 23 March 2024
Since cheque bouncing is punishable offence u/sec 138 of N.I.Act and not for recovery of cheque amount so complaint for offence of cheque bouncing can be filed against drawer of cheque may be he is insolvent or not..
Dr. J C Vashista (Advocate ) 25 March 2024
The drawer of cheque is yet to be declared "insolvent" by the National Company Law Board, hence you may file complaint u/s 138 of the NI Act., 1881 for consideration.