Nego. 138
Adv. Rajan Kotecha
(Querist) 18 May 2014
This query is : Resolved
Pls ans..
If A advances sum of money to B on B's promise to get job in a Bank and later on B says that he was not the authority to give job and also denies to give money back to A. B also, by way of agreement in favour of A, duly notarised, conveys A that from very initial stage, he has cheated A and gives a cheque of the amount lent by A to B and mentions that cheque-details in that agreement and promised A that this cheque will be honoured on presentation in the Bank and if not so, then A would be free to take actions against B by Nego 138 and IPC 406, 420 etc., but the same is dishonoured. After dishonour of cheque, demand notice was also duly served. Whether the complaint u/s. 138 against B is tenable??
Guest
(Expert) 18 May 2014
All depends upon valid proof of liability cheating on the part of B.
V R SHROFF
(Expert) 18 May 2014
LOOKS LIKE ACADEMIC imaginary QUERY.
THE QUERIST claim to be ADVOCATE
and he ENROLLED ON LCI TODAY on 18-5-2014!!!!" need justice???
Raj Kumar Makkad
(Expert) 18 May 2014
Definitely the facts do constitute an offence punishable under section 138 of NI Act along-with the sections of cheating.
Biswanath Roy
(Expert) 19 May 2014
The query appears as colorized academic question, hence, no reply.
T. Kalaiselvan, Advocate
(Expert) 20 May 2014
Looking at the way the query is posted and the author's identity, the suspicion about 'need justice' in disguise persists on my mind too, so I too stay away from giving my opinion until it is clarified.
