Case U/s.138 of NI Act 1881.

Querist : Anonymous (Querist) 29 June 2010 This query is : Resolved
Dear Sir,

I would be very much thankful if you could highlight about -

1.Is there any latest verdict from HC or SC about READING OF INK AGING of DISHONORED INSTRUMENT against 138 case filling?

2.If the party is not releasing payment against there liability - CAN we utilize there BLANK SIGNED CHEQUE for 138?

Thanks in advance.

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Sukhija (Expert) 29 June 2010
If the blank signed chq is against any liability of the drawer,u have signed document on behalf of the drawer. e.g. goods received by them or agreement bet u etc. Then u can fill up the chq and present it for encashment.
u can contact me if u require any further guidance.

DEFENSE ADVOCATE.-firmaction@g (Expert) 29 June 2010
Now most of the judgements are in favor of accused from higher courts. If you fill in gaps and can not explain it properly it may attract criminal proceddings against you also.

Uma parameswaran (Expert) 29 June 2010
Utilize the blank cheque with the consent of party.

adv. rajeev ( rajoo ) (Expert) 30 June 2010
yes you can use it but it better to inform the party who has issued a cheque to you to avoid the problems

DEFENSE ADVOCATE.-firmaction@g (Expert) 05 July 2010
Is it possible that the party will agree.

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