Section 138

Incase of Debtdue cheques are dishonoured, the bankers has rights to taken the property in possession , you will recover the property from Debt Recovery Appellate Tribunals.

Hi Dear,

let me tell u first that a person is only entitled to initiate proceedings under 138 when s/he had give 15 days statutory notice from date of knowledge of dishonour of cheque. thus, that person must have deposited cheque with his banker, therefore, bank must return to that  person.  the complainant only should be in possession in general case. hence, the person initiating proceedings have produce cheque to prove his case. hope i have answer to ur quarry.

 Complainant has to prove that it was a legally enforceable debt. Defendant has to prove that it was not.

 It is 30 days now.

 I do agree with Mr. S A SIDDIQ

 Once complainant proves that the cheque has been issued by the accused in discharge of legally enforceable debt then the burden of presumption shifts on to the accused and it is the burden of the accused to disporve the same. Please go through Section 139 of NI Act. Regards Srinivas BSST.

 I have an interesting case. A company filed a cheque bouncing case under NI Act against another company and only one director as against 4. This director died. During the pendency of the case, one more director died. Now the complainant wants to include 1 of the remaining two as an accused who was not included in the original complaint. Accordingly, summons was issued to him. When the facts were brought to the notice of th Magistrate, he ordered that he cannot be included as he was not an accused. No appeal was filed for the next 4 years. Then the complainant moved another application on the same lines after 4 years. This time, the Magistrate accepted the application to include him as an accused. Does he have inherent power to review his own decision after 4 years? The beauty is that the complaint had specifically stated in the application that the person should be asked to "represent the company". The Magistrate has ordered that he be included as an accused. What is going on?