Section 138 of n.i.act

vinayak (Querist) 13 February 2013 This query is : Resolved
Previously under 138 , complaint can be filed irrespective of liability exist as on date of cheque bounce.

Now days liability is criteria before filing any complaint.

Is there any judgement or amendement made to Act ? please provide details

Thanks in advance to all learned Advocates.
Awaiting for your reply.

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Raj Kumar Makkad (Expert) 13 February 2013
You are wrong to claim that nowadays it is mandatory to have the prior liability. this provision was existing from the very first day.

Guest (Expert) 13 February 2013
No claim without proving liability.

Advocate Bhartesh goyal (Expert) 13 February 2013
Court will take cognizance of offence of sec 138 of N.I.Act when drawee prima facie satisfy to court that there exists debt or liability against drawer and against that he issued the cheque, else complaint will be dismissed.

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