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3 years ago

Can a pvt financer with no licence or his/her legal heir deposit security cheques and file 138 NI. Cheques were issued 3 years back but undated and name and amount wtitten with signature of drawer

Madhura Akolkar

Responded 3 years ago

A.He can file 138 NI ACT case but he have to prove legal liability and you can defend it. You have to prove that it's false case
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Anish Palkar

Responded 3 years ago

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A.No, security cheques donot fall in the preview of 138 cheque bounce & as u said undated and unname and NO amount written with signature can be challenged in the court. So don't worry, you just require a good lawyer.

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ADV. ANISH PALKAR (High Court)
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Anik

Responded 3 years ago

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A.Hii,
Since, the cheque was issued towards a existing liability by the drawer, therefore, you can file for case under NI Act for dishonor of cheque.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hii,
Yes you can. The cheque was issued towards an existing liablity by the drawer, and therefore, you can file for dishonor of cheque case under 138 NI.
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