sec 138

Querist : Anonymous (Querist) 10 May 2010 This query is : Resolved
I AM BEING ASKED TO STAND AS A WITTNESS IN A CASE FOR THE ACCUSED WHERE HE IS BEING ACCUSED FOR DISHONOURING OF POST DATED CHEQUES.

WHAT IS MY RESPONSIBILITY. DO I HAVE TO PAY UP THE MONEY IN CASE HE DOES NOT?
DO I HAVE TO APPEAR EVERYTIME HE IS SUMMONED?
IN CASE HE DISAPPEARS , WHAT IS MY LIABILITY .
WHAT HAPPENS TO ME IN CAS HE DOES NOT APPEAR FOR A COURT SUMMON

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Virender Pankaj (Expert) 10 May 2010
You are only witness in the said case, thus you have no responsibility rather to give statement in the Court as and when the court summoned you as witness.
You are not liable to pay any money, if the accused fails to pay.
You have to appear every time subject to the summons issued by the Court, if you do not appear, the Court may issue show cause notice or BW against you.
You have no liability, if the accused does not appear in the Court.

Pankaj Kundra (Expert) 10 May 2010
Rightly said by Mr Virender

Querist : Anonymous (Querist) 10 May 2010
Thank you both and in continuation to the above , pls advise the role of a guarantor and the guarantors liabilities in the event of the accused not being able to pay up / or not being present at a summon.

what is the worst case scenarion for the guarantor

B K Raghavendra Rao (Expert) 10 May 2010
Section 138 of the Negotiable Instruments Act deals with a person who issues the cheque and such a cheque is bounced. Guarantor does not come into picture. He would not be asked to pay the amount in the circumstances where cheque bounce case is filed. The guarantor cannot be made an accused and he has no role in this case.

Querist : Anonymous (Querist) 10 May 2010
thank you all

adv. rajeev ( rajoo ) (Expert) 11 May 2010
You are only a wittness not an accused so need not to worry.

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