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nitin gatagat ( agencies)     08 October 2017

138 n. I act

dear sir
my blank cheque misused by company and fill up amount of rain. 60 lakhd as total outstanding due themselves. but from cheque issue date till cheque bounydate I. e. 10 days.. I had done payments by goods Return Of rs. 33lakhs and they encased my bank guarantee of rs. 42 lakhs total 75 lakhs..
so it is considered by court that although blank cheque misused by company payment received by way of bank guarantee and stock against same cheque as they mentioned in to clear notice total outstanding due issued cheque..


Learning

 4 Replies

Siddharth Srivastava (Advocate)     08 October 2017

Repeated query. Cheque issued on account of security does not attract prosecution u/s.138 NI Act. Go strategically and prove that no such amount is due.

manoj   09 October 2017

cheque issued as security NIACT is attracted. The Law is changed in past days when cheque is issued as security NIACT under section 138 is not attracted. The said LAW is overruled and even cheque is issued as security NIACT under section 138 is attracted. 

MANOJ

nitin gatagat ( agencies)     09 October 2017

correct.. but my situation is differ please look payment also done after cheque date.. it does matter

manoj   09 October 2017

Send me all your case details after perusing your case details then I can guide you

manoj

8686159292


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