138 ni act
PRAVIN RAMCHANDRA SHINDE
(Querist) 19 December 2015
This query is : Resolved
What does mean of security and PDC cheques, if drawer fill all content of cheques include date, amount, name of the holder & signed the cheque. And gave 3 months before on the date of cheques Can it's called security cheque/ pdc, also can 138 ni act applicable.
Rajendra K Goyal
(Expert) 19 December 2015
No reply to academic query, state clear facts.
Guest
(Expert) 19 December 2015
Nothing, if the case or problem u/s 138 does not relate to you. Discuss your real problem, if you have any.
PRAVIN RAMCHANDRA SHINDE
(Querist) 20 December 2015
Sir,friend gave me post dated cheque when cheque date is coming near he address me letter content that his want time to repayment of outstanding also he mentioned that pls don't deposit cheques which he gave me for security purposes.
My question is how he mentioned security cheques even he wrote all content on the cheques I.e amount, holder name, date & signed.
Dr J C Vashista
(Expert) 20 December 2015
Whether your friend has mentioned/endorsed on the back of the cheque that it has been issued as "security"? Even if so and you do not accept his version, present the cheque and file complaint after its dishonour by the bank.
He is making false pretext to avoid its presentation/ dishonour and payment.
SAINATH DEVALLA
(Expert) 20 December 2015
Mr Shinde,
U have posted 4 queries on the same subject and each one of them duly answered by the legal experts.For every doubt U are changing the threads,whih not only confuses the experts but also deprives U of the correct solution.
P. Venu
(Expert) 20 December 2015
Is he really your friend?
Guest
(Expert) 20 December 2015
Dear Shri Venu,
I think, better he should have been asked whether he is really the friend of the drawer of cheque, if he thinks of trying a friend u/s 138.
Guest
(Expert) 20 December 2015
Mr. Shinde,
By the way, what do you think about the term "security" and for security of what he gave you the cheque?
Also, if the cheque was given to you as a security cheque, have you entered in to some written agreement with him with a specific mention of the cheque as a secutiry cheque?
if the drawer has filled all content of cheques include date, amount, name of the holder & signed the cheque, that does not mean that the cheque is a security cheque. That can also be a cheque for loan to you, unless you have solid evidence of any amount having advanced to him.
IN FACT, both of your query as well as your latest description are quite vague, as you have not discussed the real bacground history of the issue of cheque to you.
