NIA S. 138 – “account maintained by him” – Where an account holder is deprived of his control over the bank account from which cheque was issued – Offence not committed.

nia s. 138 – “account maintained by him” – If an account holder is deprived off his control and authority, over the bank account, it cannot be said that the account is being maintained by the said account holder – Foremost requirement to maintain a complaint under S. 138 of the NI Act is that the cheque issued by the account holder must be from the account maintained by account holder with the drawer – Bank for discharge in whole or in part of any debt or other liability –   Complaint quashed

ibc S. 14

PLRonline 3317404