Legal Question in Criminal Law in India

checque bounce

on 21st of feb 2008i had joined a company under an agreement of 3 yrs against a bond money of rs 2.5 lakh.i was asked to submit an undated cheque of rs 2.5 lakh. after a service of 5 months i left the company.on 27 th of july 2008 i had asked my bank to stop the payment of checque ,which was successfully done.the company had put the date of 13 sep 2008 and tried to encash the checque.

now the company has filed a case against me under section 138 of negotiable instrument act under the complain of checque bounce.

i would like to know that can scetion 138 of NI be imposed on me when the stop payment of the checque was done about one and half month before the cheque issue date(date put by the company)


Asked on 1/26/09, 9:25 am

4 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: checque bounce

You can be prosecuted U/s.138 NI Act.

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Answered on 2/07/09, 5:00 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: checque bounce

You may need to defend yourself and prove that you were not liable to make payment of amount represented by the cheque.

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Answered on 1/26/09, 5:23 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: checque bounce

Yes.

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Answered on 1/27/09, 7:31 am
Prakash Yedhula Judis Associates

Re: checque bounce

Certainly the offence under section 138 of NI Act is made out. Stop payment is one among the grounds for filing the case. The time of issuing stop payment instructions is immaterial.

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Answered on 1/26/09, 1:55 pm


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