gau (jssjs) 10 September 2014
Hello,
i had received a cheque under comrpomise. i had deposited the same which got dishonoured for insufficiency of funds. can i take legal action under the SEC138 ?? One advocate told me that a compromise is not a legal deb or liability and therefore i cannot file a complaint under sec 138.
is it true ?
Hardeep (Business) 11 September 2014
Any time a cheque bounces there is a presumption of liability. As the case proceeds u/s138 it is for the OP to deny that liability in court by adducing proper evidence etc.
It'd depend upon the nature of compromise - was that legal in law to begin with.
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