Cheque bounce, N I 138 act

Querist : Anonymous (Querist) 18 August 2010 This query is : Resolved
Dear Sir / Madam,

Please answer me below question ?

1. If Cheque issued to Party, but name & date is blank ( Amount, signature & amount in words filled). ?

2. No any written agreement or promissory note ?

3. Total 10 cheque issued, but 2 cheque is clear, 8 cheque bounce, remark "insufficient balance "

Pleaes reply me in this case ?

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c n vittal rao (Expert) 18 August 2010
Sec 138 NI act will apply

pawan sharma (Expert) 18 August 2010
i. if the cheque is cross cheque then s.138 would apply for each cheque.
ii. send demand notice to that person if refused file the complaind.

Kiran Kumar (Expert) 18 August 2010
S.138 NI Act will apply but make sure u ll be able to prove the legally enforceable debt later on.

adv. rajeev ( rajoo ) (Expert) 18 August 2010
It is an offence u/s 138 of NI Act, but burden lies on the complainant to prove the legally payable debt of the person who issued the cheques.