adarsh mishra (member) 21 October 2009
IF A FILES a suit against B under sec 138 as says that A have given money as a help to B and got the cheque which have bounced. While actual situation is that B have agreed to give him white money by CHEQUE to A as a loanas A was a govt servant and have substantial income by bribes .A never put up a Cheque. After 2 Year he produced the cheque and get it bounced. will this attract 138 how to go ahead to get ride of 138. as infact there was no money involvement.
Anil Agrawal (Retired) 21 October 2009
What for the cheque was given? In payment of what?
Please remember that the way 138 is drafted, it is enough if you hold the cheque to prosecute the drawer irrespective of the end result. It may be a gift cheque also. All pervading and embracing word is CHEQUE. For filing the case, bounced cheque is sufficient. It is the beginning of your misery. A case is pending in a court for the last 10 years without a hearing. Go to HC under sec.482, sell your house in fighting the case and add years to your life. What government wants to solve, it creates more problems. Because the proposed solution is the result of knee jerk reaction.
The ITO has been given so much powers and discretion in the new Tax Code that corruption will increase and life will become miserable.
adarsh mishra (member) 22 October 2009
B never given the cheque to A. In fact B ahve given the blank cheque to C . A and C are friends. They are together conspiring against B in order to extort money through B and blank cheque .how to defend in this matter in court.
adarsh mishra (member) 22 October 2009
what counter case can be done in court.The A is a govt servent. two cheques of One lakh each.B have never taken money from A.
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