Legal Question in Criminal Law in India

Re: Commission of offencesection 138 of N I and section 22 of SICA

The accused has to prove that he did made diligent efforts and approached the BIFR that he be allowed to honour the cheque . If he did not make any such efforts etc. then as per Delhi High Court , the accused shall not be entitled to any relief. [email protected]

Re: Commission of offencesection 138 of N I and section 22 of SICA

If the case is at its prilimnary stages, it is sustainable and not likely to be quashed under S-482 Cr.P.C. by High Court, unless facts are undisputed.

However, it may be a subject matter of trial to ascertain as to whether the issuance of cheque was bonafide or for the reasons which attracts offence under 138 NI Act.

If you are able to demonstrate that there was sufficient balance in accounts at the relavant time so as to honour the cheque in question, then there would be no offence.

Protection of SICA would be available only when you are able to demonstrate that there was sufficient balance in bank, and that the cheque bounced for reasons beyond your control.Otherwise, a presumption under 138 NI Act is likely to be drawn that the cheque was deliberately issued without sufficient balance, thereby attracting the penal provision.

Naman Nagrath,Advocate

M.B.A., LL.B.

Nagrath Chowk,

Jabalpur M.P.

DELHI : 10/29, East Patel Nagar,

New Delhi

Cell: 09826166855