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Jitesh Mehta (proprietor)     27 June 2012

Dishonor of cheque

I had borrowed a sum of Rs.1,00,000/= from my friend about a year back. If had agreed to pay him Rs.10,000/= per month. I had also given him a cheque for Rs.1,00,000/= as security. After paying for five months, there were some disputes between us, and without informing me, he presented the cheque of .Rs.1,00,000/= which was dishonoured. He filed a case U/S 138 claiming that he had lent me Rs. 1,00,000/= . I have taken recipts for the five instalments i had paid to him. Does this case come under sec.138



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 2 Replies

Anjuru Chandra Sekhar (Advocate )     27 June 2012

Cheque amount can be less than the "legally enforceable debt' but it cannot be greater than the "legally enforceable debt".  He has no case.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     28 June 2012

Still once the process is issued you have to contest the case, take proper care.

Most of the accused loose due to laxity at initial stages.


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