PLAINTIFF'S LIABILITY IF ACCUSED FAILTO PROVE CHEQUE AS GIFT

You are bound to prove

Sir, S.138 of Negotiable Instruments Act is applicable only where there is legally enforceable debt exists, not in other  cases.

gift is not covered under S.138 NI Act.

u ll ve to prove that there was legally enforceable debt.

the law has been interpreted to larger scales, i ll again advice u to visit some local lawyer.

 at which stage I have to prove? the very first date of submission of case? or when the accused has proved that the cheque was given as gift?

thanks for your prompt reply. As I am not in India so I cannot consult a lawyer about Indian law.

 at which stage I have to prove? the very first date of submission of case? or when the accused has proved that the cheque was given as gift?

thanks for your prompt reply. As I am not in India so I cannot consult a lawyer about Indian law.

You need to prove it at the trial stage and not in the admission stage, you need to be present in India to appoint a good lawyer on your behalf

 Mr, Vishal, I really do not know how to thank you for your help. Please let me know where should I file this case? The cheque was given to me in BBSR. The person who gave me the cheque lives in BBSR. I have accounts both in Calcutta and bbsr. Can I deposit this cheque in calcutta? and when it;ll bounce can i file the case in calcutta?

one more thing...... I have just the cheque in possession. Is that mean that I have no case? 

 is it possible for you to handle my case in calcutta or bbsr?

 mr. vishal, i hope you are not annoyed with my questions, i am a lay person in this matter.