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rajesh kumar singh bhadouria (managing director)     15 March 2017

1380ni act

138 ni act dear sir please tell me , i had taken a lone from one of my friend in 2012, and pay him some time by cheque and some time by NEFT. I HAVE PAID HIM MORE THAN 2.50 LAKH AGAINST 1.60 LAKH . BUT HE IS GREEDY FELLOW. HE PLACE THE CHEQUE WHICH I HAD GIVEN HIM THAT TIME RECENTLY. AND FILE FILE A CASE 138 NI ACT . I HAVE PROPER EVIDENCE OF THE AMOUNT WHICH I HAVE PAID HIM . CAN I DEFEND ?


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 1 Replies

Sachin (N.A)     15 March 2017

Originally posted by : rajesh kumar singh bhadouria

138 ni act
dear sir please tell me , i had taken a lone from one of my friend in 2012, and pay him some time by cheque and some time by NEFT. I HAVE PAID HIM MORE THAN 2.50 LAKH AGAINST 1.60 LAKH . BUT HE IS GREEDY FELLOW. HE PLACE

THE CHEQUE WHICH I HAD GIVEN HIM THAT TIME

RECENTLY. AND FILE FILE A CASE 138 NI ACT . I HAVE PROPER EVIDENCE OF THE AMOUNT WHICH I HAVE PAID HIM .
CAN I DEFEND ?

Case itself is not maintainable as the checque which is given to discharge the present liability comes under the ambit of 138 NI Act, and this cheque is security cheque.

 


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