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 "

if i file case in Sec.138 NI Act. what possiblity for win in this case ? please reply in details Please

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Daksh (Expert) 18 August 2010
Dear Anonymous,

In view of the presumption as per provisions of N I Act that the cheque/s have been issued in discharge of legal debt and further one more opportunity vests with the drawer of the cheque at the time of recieving notice after bouncing of the same.
In your case as well in reply to the legal notice you may put forth your case which will be helpful at the time of trial.

Best Regards

Daksh

DEFENSE ADVOCATE.-firmaction@g (Expert) 18 August 2010
Earlier querry redrafted.

Rajeev kulshreshtha (Expert) 18 August 2010
You can file complaints u/s 138 after completing all formalities and in concern of legally enforceable debt you can plead that all cheques were given for a single loan transaction of loan in which two cheques have already en cashed.

s.subramanian (Expert) 18 August 2010
Yes. I agree with Mr.Daksh and Mr.Rajeev.

Devajyoti Barman (Expert) 19 August 2010
Right

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