Sec. 138 of ni act - cheque once dishonoured and libility got liquidated, can it be again presented for subsequent liability
Harilal G
(Querist) 11 March 2013
This query is : Resolved
Whether a cheque once issued and dishonoured and later on the liability is liquidated by the defaulter (without issuing notice) can again be presented for subsequent liability? In such case, if the cheque is again dishonoured, whether the holder/drawee of the cheque can initiate legal action under NI Act against the defaulter? Whether such action is valid under law? If yes (/no), what are the relevant Supreme Court or High Court decisions.
ajay sethi
(Expert) 11 March 2013
you have to make out a case that cheque was issued in respect of the subsequent liablity . the million dollar questuin would be why would any one issue a cheque in advance when no dbt was due and payable . you have not mentioned when cheque was issued when did the subseqnet liablity arise . in addition validity of cheque is only 3 months now
Sankaranarayanan
(Expert) 11 March 2013
if the volume of liability was more then the amount you mentioned in that first cheque then they creditor can use the another cheque
