Legal Question in Criminal Law in India

Re: criminal law

In my opinion, under normal circumstances, 138 gets attracted once the cheque is dishonoured, however, if in this case it can be proved that in actual account number there was sufficient balance to honour the cheque, then the complaint can certainly be defended.

Re: criminal law

Liability under section 138 of the Negotiable Instruments Act does not accrue. Cheque must be dishonoured on the want of balance to attract s. 138 of the Act. Section is reproduced below:---

138. Dishonour of cheque for insufficiency, etc., of funds in the accounts

Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall without prejudice to any other provisions of this Act, be punished with imprisonment for 2["a term which may extend to two year"], or with fine which may extend to twice the amount of the cheque, or with both:

Provided that nothing contained in this section shall apply unless-

(a) The cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier.

(b) The payee or the holder induce course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice, in writing, to the drawer, of the cheque, 3["within thirty days"] of the receipt of information by him from the bank regarding the return of the cheques as unpaid, and

(c) The drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice.

Explanation: For the purpose of this section, "debt or other liability" means a legally enforceable debt or other liability].

Re: criminal law

He has committed offences under section 138 of Negotiable Offences Act as also Section 420 of Indian Penal Code.

Re: criminal law

If he refuses to reissue another cheque or DD you can file a case u/s 138 NI Act.

Re: criminal law

Mere dishonor of cheque is not an offence.

Re: criminal law

cheating... no offence u/ s. 138

Re: criminal law

he has committed offence u/s 138 of negotiable instruments act r/w sec. 142 of the same.

Re: criminal law

Hello.

He has commited offence u/s. 138 of the NI Act r/w sec 142 of the NI Act.