Legal Question in Criminal Law in India

Disnor of cheque

If a person first issues a cheque against a contract to open a D-Mat account on May 5,06 but he executes the documents regarding the contract to open a D-Mat account later i.e. May 15,06 and his cheque dishnoured on May 27,06. Can he be prosequeted for that dishnoured cheque u/s 138 of The Negotiable Instrument Act,1881 of India ?


Asked on 7/07/06, 3:25 am

2 Answers from Attorneys
Vipindas Thalakalat Das and Das

Re: Disnor of cheque

Yes

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Answered on 7/09/06, 4:42 am
BANKIMCHANDRA SHAH ADVOCATE DIGVIJAYA CONSULTANCY SERVICES

Re: Disnor of cheque

Cheque is valid for six months. When a cheque is issued it is considered that there is balance in order that the cheque is honoured. In case where the cheque is dishonoured it is not necessary to file a case each time as if the notice is served and payment is made within 15 days there is no offence committed as per law.

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Answered on 7/07/06, 10:52 am


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