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Cheque dishonored due to issuence of stop cheque order

Page no : 3

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     19 January 2011

Originally posted by :Mahesh N
"
Hemant are you saying my relative who issued the check is liable not me?
"

 MAHESH'ji,

 

Please prefer to answer my questions which I had put to you for your introspection, from your relatives point of view.

 

Yours answers will automatically answer your various questions.

 

Keep Smiling .... Hemant Agarwal

CHANDAN MAHAPATRA (COMPANY SECRETARY)     20 January 2011

Your relative can escape the rigors of S.138 if it can be proved that the cheque he gave was never meant to be deposited but was referred only as a sort of collateral security.

A cheque given as collateral security would not entail the penal liability as envisaged u/s.138 of NI.

The above draws strength from a Bombay High Court judgement in Pawan Enterprises v Satish H.Verrma 2003 Cri LJ 2146 (Bom).

Hope this helps your case.

manoj joshi (advocate LEGAL ADVISOR AT IDBI BANK)     29 January 2011

sir, wd due regards i wanna make it  clear that prima feci case is made our agianst  your  relative..... regarding dishonour of cheque he sa to take bail than ...other facts of  d cases will be consider


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