Legal Question in Criminal Law in India

yes

yes it is possible to do so .and u have a sure shot at winning the case if u act within limitation.

Re: subject

Your question raises an even more fundamntal issue:-

Since Minors are not capable of contracting, banks do not open accounts in minors' names. They do however allow parents / guardians to open accounts in minors names - that is a different matter altogether. In the latter situation, the minor gets to operate the account after attaining majority. So, the crucial question is - how was the minor able open a bank account and more importantly, how was a minor issued a cheque book?

This situation suggests either (a) serious lapse on part of the bank or (b) serious misrepresentation by the minor or his guardians to the bank as well as payee of the cheque.

In either case , proceedings for fraud and cheating may lie against the guardian. if it can be shown than (s)he connived in helping the minor open a bank account and get a cheque book.

Conviction for offence under Section 138 of NI act has been already upheld in cases where the account was closed before presentation fo the cheque. So, the fact that th account was closed only suggests that the minor or people acting on his behalf were intenting to cheat / defraud the payee from the outset. This factor only aggravates the offence.