138 ni act

srinivsa rao (Querist) 18 January 2013 This query is : Resolved
dear panalists,
i and my friend did data transfer business during the time for his immproper function i stoped my businesss with him we had an agreement which was singed by another partner of my friend i gave him a cheque for security which is a firm cheque of mine but he filed a case u/s 138 ni act showing the same as my persnol loan buthe also executed a recipet admitting that he recived fifty thoused rs from me on behalf of his company another point the plaace of transation in the complaint is one and croos examination is another as per the version of cross examination the trail had no jursidition please guide me.thanking you sir.

Follow Query

Report Abuse

adv. rajeev ( rajoo ) (Expert) 18 January 2013
You have to prove that cheque was issued as security. Cross examination of the complainant is very important.

prabhakar singh (Expert) 18 January 2013
You do need to prove that cheque was for security and not for any subsisting debt or liability.

sanjay Upadhyay (Expert) 18 January 2013
the presumption is in favour of complainant and entire burden is upon you to prove and you have to rebute the presumption in cross examination

Raj Kumar Makkad (Expert) 18 January 2013
What was your reply against the notice sent by the complainant?

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries