Refund of fees and cheque returned does cover under N.I. Act?
pravin jain (proprietor) 05 December 2009
Refund of fees and cheque returned does cover under N.I. Act?
Raj Kumar Makkad (Adv P & H High Court Chandigarh) 05 December 2009
Yes. Becuase it is legally enforceable debt which has been paid through a cheque and it has got bounced.
Adv Archana Deshmukh (Practicing Advocate) 05 December 2009
A cheque given for the discharge of any legal liability, if dishonoured, attracts S. 138 NI.
N.K.Assumi (Advocate) 05 December 2009
Enough is enough on section 138 of the NIA. We have had enough on the NIA in the past.
Adinath@Avinash Patil (advocate) 06 December 2009
YES IT IS COVER UNDER NI ACT SECTION 138
Anil Agrawal (Retired) 06 December 2009
Confirming again.
These days many bills like electricity, telephone, gas, credit cards are paid by us through ECS. I submit that if banks don't pay these bills for insufficiency of funds, these companies can start proceedings u/s 138 though normally they don't do so immediately. Let us be on our guard.
Isaac Gabriel (Advocate) 06 December 2009
No doubt. Any tansaction done through bankers instrument s, be it for debt or for anyother liability or commitment automatically covered by s.138 of the N I act.
karthick (nil) 15 December 2009
A cheque given for discharge of any legal liability of an individual, if the cheque given is dishonoured it comes under the N.I Act u/s 138. if it is a transaction between the company and an individual or between companies sec 143 also attracts.
if there is any wrong in this pls reply me.
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