Karan Mehta (Owner) 14 September 2014

Sec138 of ni act,1881

Complainant in sec138 of NI is an arbitrator(Saalsi),Whereas in petittion filed under NI act states That money belonged to someone else & the cheque was issued in the name of arbitrator(Saalsi).Arbitrator failed to play the role which was assigned to him,After 1.5years arbitrator presented the cheque in the bank which was supposed to be kept as surety,written agreements between the parties are not registered,Is it provokes Sec138 against the accused who gave a cheque as a surety to get the family disputes get resolved.

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 15 September 2014

The cheque is barred by limitation hence a criminal case under section 138 of negotiable instruments act is not maintainable.

Karan Mehta (Owner) 20 September 2014

D/sir,

Complainant is a mediator & trustee as claimed by him in petition,Whereas orignal debtor has given an affidavit that he doesn`t have any pending amount towards the accused,Whereas mediator & trustee was the bearer of cheque which was kept with him to get the family disputes resolved,But he presented the cheque in the bank where inspite of the fact that he is not a original debtor. Can N.I.Act is not applicable to third-party cheques given towards debt repayment of the original debt of another person.