N I Act 138

as per the recent interpretation of law by the Hon'ble SC the complainant has to prove the legal liability of the accused.

returns may not be better indicator the debt in the eyes of court, u should present the account books to corroborate ur claim.

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in,

e.mail.nandkumarbs@sify.com

KINDLY NOTE THAT,

1.UNDER N.I.ACT.SEC.138. COMPLAINENT SHOULD SUBMIT PROOF OF THE AMOUNT AGAINST WHICH ACCUSED HAS GIVEN HIM THE CHEQUE.. THERE SHOULD BE LEGALY ENFORCEABLE DEBT. IT MEANS COMPLAINENT SHOULD SUBMIT IN COURT AGREEMENT OR PROOF OF LOAN OR MONEY TRANSACTION WITH ACCUSED .IT CAN BE ANY TRANSACTION OF DUES FROM ACCUSED  AGAINST WHICH HE HAS GIVEN CHEQUE.

2.AT THE TIME OF EVIDENCE OF COMPLAINENT HE HAS TO SUBMIT ORIGINAL CHEQUE ISSUED BY ACCUSED AND SUPPORTING ORIGINAL DOCUMENTARY PROOF OF LOAN OR MONEY TRANSACTION AGAINST WHICH THE ACCUSED ISSUED THE CHEQUE. COMPLAINENT SHOULD PROVE LEGALY ENFORCEABLE DEBT WAS THERE AND HENCE ACCUSED ISSUED THE CHEQUE IN DISPUTE TOWARDS FULL /PART PAYMENT OF DEBT.

KINDLY SEND DETAILS IN CASE ANY FURTHER HELP IS REQUIRED. I HAVE SUCCESSFULLY HANDLED SEVERAL CASES UNDER N.I.ACT.FROM BOTH COMPLAINENT AND ALSO FROM SIDE OF ACCUSED. I WILL SUGGEST BEST POSSIBLE WAY OUT.

I WISH YOU BEST OF LUCK.

WITH BEST REGARDS TO YOU AND YOUR FAMILY AND FRIENDS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B. SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE.