Section 138 NI Act

S 138 NI Act – Cheque Bounced Due To Reasons Other Than  “Insufficient Funds”  

Section 138 of the Negotiable Instruments Act reads as follows: 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, …

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S 138 NI Act – Dishonour Of Cheque That Was Drawn After Closing Account

A person (X) closes his bank account but somehow manages to retain some cheque leaves. Thereafter, X issues this cheque to Y. On presenting this cheque, it gets dishonoured as ‘account closed’. Demand notice was ignored and this person refuses to pay the amount. This may be an offence of cheating. However, the question is …

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Ex – Parte Proceedings Against Accused In Cheque Cases

A filed a cheque case complaint. The Magistrate issued summons to the accused. As the accused did not appear, a warrant was issued. Months and years passed by, but the accused did neither appear nor was produced before the Magistrate. The question is can the Magistrate proceed ex- parte in this situation? In G.H.Abdul Kadri …

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