Legally enforceabl debt or other liability in sec 138 n i ac

C E O

amount not shown in books of account, rather no statement attached to the complaint, no books produced, rather to close the cross examination attorney of the complainant says" we have no account in the name of the accused in our books, hence books not required to be produced". No details of the debt or the liabilty in the complaint, no documentry evidence attached to the complaint, how can the same be contested, with reference to the judgments by the apex court.

 
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Retired employee.

The presumption of NI Act is that a cheque represents a consideration.  It is difficult to offer any guidance in absence of full facts.  The burden is on drawer of the cheque to state that a cheque was given without consideration, and when notice was received, the reply was not given disputing such issue of cheque for consideration.  

 
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Lawyer

I disagree with <r. GLN Prasad, the burden to prove has shifted to complainant when accused has already rebutted the allegation ( under Section 118 of Negotiable Instruments Act, 1881).

Your complaint shall be dismissed, in the given circumstances.

However, what is the opinion and advise of your lawyer ?

 
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Retired employee.

I have not given any opinion but only stated presumption under NIA.    WIthout knowing facts of reply, it is difficult to give an opinion.

 
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