Naresh Kumar (Bussiness) 19 August 2014

Suggestion on section 138 and 141

Sir,

I stopped an cheque due to violation of MOU. But the second party is going to file an case under section 138 and 141.

MOU Stats that the “marriage is not consummated and second part intended to file a case and first party has to agreed to co-operate with the party of the second part by filing appropriate petitions“. Once Second party filed case then first party as to give an X rupees.

But Second party as filed wrong petition under Section 12A, which I am not accepting. But second party is calming to give the X rupees. Please help me what I have to do now ?

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T. Kalaiselvan, Advocate (Advocate) 19 August 2014

The provisions of section 138 will attract only to the legally liable debt and related offences. If there was no debt at all or there was a breach of condition/agreement, the stop payment instruction issued to the bankers on the cheque in question will be valid, it will not attract the said offence.

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