STRUCTURAL DEFECTS - NO OFFENCE
FUTURE LAWYER
(Querist) 06 May 2011
This query is : Resolved
Dear Sir/Madam,
Whether structural defects i.e. any defect in its form, want of signature, date not properly written, figure of the amount has been overwritten or erasures is attract to offense of 138.
Please give any judgment for my moot court computation.
Basavaraj
(Expert) 06 May 2011
Due to structural defects i.e. any defect in its form, want of signature, date not properly written, figure of the amount has been overwritten or erasures in the drawer's name etc. - Section 138 is not attracted - This section is also not attracted if drawer refuses to replace the cheque. (Babulal Nainmal Jain Vs Khimji Ratanshi Dedhia) 1999(1) CIVIL COURT CASES 541 (Bom.) : 1999 ISJ (BANKING) 0005 : 1998 (1) BANKING CASES 0339 : 1998 (3) MAH LJ 0762 : 1998
Regards
Basavaraj
FUTURE LAWYER
(Querist) 06 May 2011
Thanks to Mr.Basavaraj sir for your advice.
Can u pls provide full text of judgment.
