Undated cheque presented later after account closure – whether S. 138 NI Act?

[Anonymous]

A undated cheqe was issued in the year 2013 duly signed by me , written amount three lacs and name of firm to whom cheque was given, Now on later stage that account was closed with bank in the year 2014, now the question is if holder of that cheque submits in the bank in the month of March 2017 by wrighting the date 7 march 2017, and bank gives remark that account is closed, so holder of the cheque can go for filing the case under IPC 138. the above cheque issued as security.

[Dr. Ashok Dhamija]

Yes, a case under Section 138 of Negotiable Instruments Act can be made out in these facts. However, in your defence you can prove that it was not for discharge of any debt or other liability or whatever other defence you have got.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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