LawforAll

advocatemmmohan

My photo
since 1985 practicing as advocate in both civil & criminal laws

WELCOME TO LEGAL WORLD

WELCOME TO MY LEGAL WORLD - SHARE THE KNOWLEDGE

Wednesday, October 20, 2010

ISSUE OF CHEQUE ON DEFUNCT BANK ?

THE BANK WAS CLOSED ABOUT 5 YEAR AGO. THE ACCOUNT WAS CLOSED. BUT THE ACCUSED ISSUED A CHEQUE TO THE COMPLAINANT. IN ONE CASE THEIR LORDSHIP OF APEX COURT HELD THAT THOUGH THE CHEQUE IS NOT RETURNED FOR WANT OF FUNDS AND THOUGH THE QUESTION ACCOUNT CLOSED IS NOT COVERED UNDER ANY PROVISION OF THE ACT,THE APEX COURT GAVE A WIDE MEANING FOR THE WORDS " RETURNED FOR INSUFFICIENT FUNDS " REPORTED IN AIR 1999 SC 1952. APPLYING THE SAME PRINCIPLE , ISSUE OF CHEQUE ON DEFUNCT BANK WAS ALSO COVERS THE SEC.138 OF N.I. ACT. AND AS SUCH ACCUSED IS LIABLE FOR PROSECUTION-2009 [1] A.L.D Cri.AP 1