Issued a cheque then he is liable to pay
VINAY B SHAH
(Querist) 30 November 2012
This query is : Resolved
DEAR SIR,
RESPONDENT / ACCUSED ISSUED A CHEQUE TO MY PARTY (COMPLAINANT) AND CHEQUE IS DISHONORED SO I HAVE FILED A CRIMINAL COMPLAINT U/S. 138 OF THE N.I ACT FOR THE DISHONORED OF THE CHEQUE.
PLEASE HELP ME OUT WITH THE JUDGMENT FOR THE CASE OF IF, RESPONDENT / ACCUSED ISSUED A CHEQUE THEN HE IS LIABLE TO PAY TO MY PARTY (COMPLAINANT). HE IS IN TO LIABILITY AND HE HAVE TO PAY HIS LIABILITY TO MY PARTY (COMPLAINANT).
PLEASE GIVE ME YOUR OPINION & REFERENCE & JUDGMENT ON IT
THANK YOU
Raj Kumar Makkad
(Expert) 30 November 2012
The best opinion in this regard shall come from your side by way of documentary evidence confirming the reason to issue cheque to your party. This is general presumption that the cheque has been issued against lawful debt but this presumption is rebuttable so you have to prove it, however, there are numerous citation in support of this law.
Jharkhand High Court
Prahalad Rai Agrawal vs The State Of Jharkhand on 18 January, 2012
http://www.indiankanoon.org/doc/152665121/
Gujarat High Court
Yakub vs Lalit on 11 January, 2012
http://www.indiankanoon.org/doc/108483841/
Raj Kumar Makkad
(Expert) 30 November 2012
A suit for recovery can be got filed on the basis of bounced cheque.
