adv asgar 29 July 2019
Adv Deepak Joshi +917017821512 (Advocate) 29 July 2019
SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 29 July 2019
Yes, the Goldsmith can file a case under Section 138.
G.L.N. Prasad (Retired employee.) 29 July 2019
The burden of proof always remains on drawer who issued the cheque, and payee's disqualifications are immaterial as the presumption is that a cheque was issued for valuable consideration. This was also reiterated by SC in a recent judgment, wherein drawer questioned the income of payee in lending such amounts as per tax returns filed by the payee. and ruled that his status is not relevant.
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