138 case

Dinesh (Querist) 10 October 2012 This query is : Resolved
In a 138NI act case is it necessary to prove the transactions made or prove the liablity towards payment made to the accused by the complainant ? or only the cheque alone shall stand as liability

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ajay sethi (Expert) 10 October 2012
you have to satisfy the court that cheque was issued in discharge of debt due and payable . that the complaint filed falls within the ambit of section 138 NI

R.K Nanda (Expert) 10 October 2012
u have to prove ur case fully.

Dinesh (Querist) 10 October 2012
do you have any judgements for such case

Dinesh (Querist) 10 October 2012
client issued cheque for loan taken from husband but the cheque is now blank cheque given to husband is deposited by wife and my client has not done any transactions with her. she just has the cheque in her name , kindly provide me case laws to defend in such case,, thanks

V R SHROFF (Expert) 10 October 2012
Defence of No liability is a burden on accused.

It is presumed that chq was issued against liability. Presumption is rebut table.

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