Negotiable Instrumennt Act--Bearer Chque

Jitendra Raval (Querist) 11 April 2009 This query is : Resolved
The accused handed over two cheque to the complainant which was singed but without payee name and date,amount etc in good payment for payment of insurance premium in 2002.

There were few financial transations between the two but nothing was due. When relation between the two spoiled, the complainant filled up the blanks and lodged the cheques in 2008 which was bounce as the account was inoperative after some time after his transfer.

The complainant filled the blanks but forget to strike bearer and hence these cheques remain bearer when presented for payment and returned unpaid.

My question is "Whether the bearer cheques covered under S.138' If not kindly provide me the citation.

Or it does't metter the cheques in question was bearer or order.

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adv. rajeev ( rajoo ) (Expert) 12 April 2009
From ur question it is clear that due to the transfer account was inoperative, so it doesn't comes under NI Act. Bearer cheques covered u/s 138 of NI Act I have come accorss the ruling regarding this but right now I don't have. Mail ur ID to me so i can send it to you.