138 N.I.ACT

chiranjib mukherjee (Querist) 31 July 2013 This query is : Resolved
A person wants to purchase land at Rs. 1500000 and he issued 3 cheques of Rs. 500000 each and those cheques were bounced from the bank before execution/ registration of deed.
Whether it will come under purview of Sec. 138 N.I.ACT?

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Devajyoti Barman (Expert) 31 July 2013
Yes, absolutely.

prabhakar singh (Expert) 31 July 2013
Only when the sale deed got executed in which those cheques were mentioned,they shaped a liability.Registration here is of no importance.

But if cheques were bounced even before any execution,rival contentions about liability
non liability may arise and would be dependent on oral evidence.

Nadeem Qureshi (Expert) 31 July 2013
agree with Mr. Singh

SAANJAAY GUPTAA (Expert) 31 July 2013
There would be no liability if it bounced before registration.

Advocate Bhartesh goyal (Expert) 01 August 2013
Drawer of cheque is liable for the consequences of cheque bounce offence when the cheque has been issued aginast any debt or liability else not.

Guest (Expert) 01 August 2013
Dear Chiranjeeb,

Since the liability of buyer stands against the agreement, the bouncing of cheques will come under purview of Sec. 138 N.I.ACT?

Not only that, in addition, the buyer's action can also be challenged under the contract act for breach of agreement after the expiry of the execution date proposed in the agreement.

chiranjib mukherjee (Querist) 01 August 2013
Thank you sir

Guest (Expert) 01 August 2013
You are welcome.

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