Sec 138 of NI act
Querist :
Anonymous
(Querist) 25 October 2010
This query is : Resolved
I am in receipt of cheques issued by a company.
Company has stopped the payment of these cheques.
I have intiated the procedure to file a case u/s 138.
I have stopped the payment of 11 nos Post dated montly cheques issued by me to company in lieu of refund of loan - with information sent by RPAD to company informing them that till they pay my due money or amounts are received by me either during the pendancy of court proceedings or after the case is finalised.
Now the cheques issued are against the doubtfull debt - as they have to first rebute their debt / liability and establish my debt.
Can company file a civil case claiming the stopped payments are rebuttable (and I am asked to prove the debt during civil suit)?
