138

Querist : Anonymous (Querist) 29 March 2014 This query is : Resolved
Sir my question is that can u be charged on 138 if ure not any way related with the check nor u have sighned. My partner had given his check towards a payment 4 a land we purchase now I have been sent notice 4 138 which im no way connected with the check kindly reply what to do.

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Adv. Hemant Bhand (Expert) 29 March 2014
If the cheque has been given in the name of your partnership firm then yes you can be charged under section 138 of N.I.Act. If the said cheque has been given by your parnter in his personal capacity then you have nothing to do the said cheque.

V R SHROFF (Expert) 29 March 2014
Partner is an agent for other partners. Though your prt deed contents are to be considered [ if specific for cheque issues] read, in evidence, opp parry can charge you u/s 138 n.i. being liable as Partner.

Rajendra K Goyal (Expert) 29 March 2014
Anonymous query, no reply.

V R SHROFF (Expert) 29 March 2014
PL DO NOT RAISE "ANONYMOUS QUERY:
I DID NOT NOTICE IT

Guest (Expert) 30 March 2014
When you say, "WE purchase" how you say that "im no way connected with the check"? In your query, you have also not mentioned whether the land was purchased for the firm and cheque was issued from firm's account or not.

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