138 ni act


A gold Smith without regiatration without paying tax without license sell gold to a and in aganist he payee cheques when gold Smith went to bank for encase the cheque reply from bank was insufficient fund now question is can gold Smith file a case under section 138 or not and can illegal business comes under Ni act

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yes he can file complaint under 138 NI act
 
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Yes, the Goldsmith can file a case under Section 138.

 
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Retired employee.

The burden of proof always remains on drawer who issued the cheque, and payee's disqualifications are immaterial as the presumption is that a cheque was issued for valuable consideration.  This was also reiterated by SC in a recent judgment, wherein drawer questioned the income of payee in lending such amounts as per tax returns filed by the payee. and ruled that his status is not relevant.


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