Section 138 of ni act

Toni S. Sachdevani (Querist) 11 February 2015 This query is : Resolved
A is a Partnership Firm & B is it's partner. A through B obtains loan from C vide some MOU. Then B issues Cheque from account of some D Firm (Not known whether partnership or proprietorship of B). Who will be liable U/S. 138?

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Devajyoti Barman (Expert) 12 February 2015
A, B and D.

Advocate Bhartesh goyal Online

(Expert) 12 February 2015
Only B bring signatory of cheque for consequences of the offense of sec 138 of N.I. Act.

Dr J C Vashista (Expert) 12 February 2015
B has taken loan and given cheque from the account of D, in this case neither of them are legally liable for the cheque amount.The dishonour of cheque do not attract the provisions of Section 138 of NI Act.

Guest (Expert) 12 February 2015
Mr. Toni S Sachdevani,

I have quite a logical answer, but on seeing the nature of query, I have got some doubt about your being a lawyer, as against the information available in your profile. My reply depends upon your convincing clarification.

The query does not seem to reveal a real case of cheque dishonour, as your query is undoubtedly an academic query, as if posted by a law student in the guise of a lawyer.

ajay sethi (Expert) 12 February 2015
agree with Mr barman

Rajendra K Goyal (Expert) 12 February 2015
Seems Hypothetical query.

T. Kalaiselvan, Advocate (Expert) 15 February 2015
Agreed with the views of expert Mr. Dhingra. query appears to be an academic with no much seriousness in it which reveals from the contents posted.

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