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Security Cheque bounce query Section 138


20-Jan-2023 (In Cheque Bounce Law)
I had availed a home loan from ICICI Bank for Rs 34 Lacs in Fev 2015 of which Builder was paying the EMI till December 2017. Builder then stopped paying the EMI, and now Bank has filed a 138 cheque bounce case of Rs 11 lacs. Cheque was of Royal Bank of Scotland which has no operations in India and has been closed, I had already provided them with new cheque’s of YES bank, still they presented cheque of closed bank. My few questions are 1. Demand Notice mentioned Funds insufficient as a reason for bounce, but memo mentioned Account Closed, is this a defective notice? 2. Since I already provided new cheque of YES bank which is reflecting in my account statement , still they presented old cheque , can this be treated as a reason that my case is not maintainable under Sectiob 138 ? Thanks in Advance
Answers (1)

Answer #1
824 votes
You should appear before the court along with your lawyer and make all the above submissions. Since you have already presented them with renewed cheque’s a section 138 complaint is not maintainable and can be quashed. In the meanwhile you also initiate a legal action against the builder
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