Cheque bounce due to closing of account

553 votes

Dear sir, if the person has willingly closed the bank account and asked you to present the cheque in that account besides 138 NI act section 420 of the Indian penal code can be attracted for cheating and and FIR on the same can be registered in the police station. There is direct judgements on this topic.

Advocate Kushal Raj Gupta LawRato

523 votes

As per section 138 of Negotiable Act It is an offence when willingly account is closed and then cheque is given to present in bank. I would be in better position to give you legal opinion if you further elaborate your query.

Advocate Manish Phogat LawRato

678 votes

If the cheque gets bounced, then you will be prosecuted for the offence of cheque bounce. The offence is covered under section 138, NI Act,
The offence is made out not only under NI Act but also you can be prosecuted for criminal offence of fraud and misrepresentation also.

Advocate Vishal Saxena LawRato

935 votes

you will be liable for a quasi criminal liability under the negotiable instruments act, for dishonour of cheque with the intention of causing loss intentionally to the other person. In court liable for returning the amount

Advocate Palak Nenwani LawRato

853 votes

When was the cheque issued to you for presentation? Was if the cheque issued to you after the closure of the bank account or was the cheque issued to you before the closure of the bank account? In both the cases, a criminal case under relevant sections of IPC can be registered against the person issuing the cheque and also a complaint under 138 N.I. Act should be filed against the person issuing cheque, certainly the presumption is your favour. For more you cantact me.

Advocate Nihit Dalmia LawRato