Dishonouring of Blank Cheque

Since there was no existing liability for any thing owed by you to him, this section 138 would not apply.

Moreover, if he claims that he loaned you the amount, he cannot claim as per the recent judgements as he does not have a Money Lenders License.

His case is very very weak.

There was no need to take an anticipatory bail?

Many Thanks Santosh !

Cud u give me reference of recent similar judgements pls

Parth my dear friend, there is no provision  for anticipatory bail in bailable offence & offence u/s 138 NI act is bailable one.someone make ur friend  fool . so far 138 is concern there must be legally enforceable debt. Law is change now , it is the duty of  the holder of cheque to prove his case. According to u,there is no legal documetation ,no business transaction, so dont worry

 IT IS A WEAK CASE, UNDER 138,FORGET ANY SERIOUS CONSEQUENCES IN FUTURE.

 As per your query, your friend had entrusted a blank cheque in good trust with his cousin for payment of his electricity bill while leaving out of city!. Instead of seeking anticipatory bail, etc. the legal notice can be responded to by setting out the facts clearly as a counter to the legal notice. If need be your friend can lodge a complaint against the cousin for breach of trust/criminal conspiracy. In any case he need not worry as assured by my lawyer friends.

vasudevan

I agree with Vasudevan ji. Yes a complaint have to lodge under breach of trust .

Dear Parth, First of all the section 138 NIAct is bailable offence , second your are liable to secure the instrument .third  your friend has to proven his case . you have not taken any loan from him . your friend have to prove before the court from where he has arranged the hafty loan amount . time of the signing of cheque . Tell me is your bill was paid in case instead of through cheque . You have ot contest your case very deligently other wise u/s 138 NIAct the drawer of the cheque is liable to pay the  cheque amount.

Subhash Kumar, Adv

no offence is being committed by your cousin as the misuser will not be able to prove legally enforceable debt.

It is the duty of the complainant to prove the transaction. Otherwise 138 of N.I.Act will not be attracted.

 Whether 138 is attracted or not, harassment starts from the day case is filed.

thank a lot for your suggestion sir.

Could you please let me know that does breach of trust comes uder  420 ad also

regards

parth

thank you for your suggestion sir.

Though we don't owe anything to our cousin but if at any point  of time  proven guilty can my brother  face any kind of punishment other than the payment . please guide us we are really worried.

Dear, if your cousine find guilty liable to face the punishment, if you pay the amount of cheque to the complainant and he withdraw the complaint , than your cousine not liable to get punishment . you can pay the cheque amount in installment also and for this pray to the presiding officer of the court and sought time to make the payment.

Subhash kumar, adv

 Is there any proof that your cousin took any loan etc.?