Querist :
Anonymous
(Querist) 28 November 2011
This query is : Resolved
Dear, tell me if father take freindly loan thereafter he died. and his son issue a cheque agaisnt the loan amount. Is it cover under 138 definition?
Sailesh Kumar Shah
(Expert) 28 November 2011
yes, case is covered u/s 138.
ajay sethi
(Expert) 28 November 2011
it would be covered as the cheuq was issued in respect of debt due and payable .
Rajeev Kumar
(Expert) 28 November 2011
Agree with experts
M/s. Y-not legal services
(Expert) 28 November 2011
who ever may be the borrower.. but the son issued cheque for disclose the debt and the same dishonored mean he is responsible for the same..
Advocate Bhartesh goyal
(Expert) 28 November 2011
Sec 138 of N.I.Act attracts only when a person issues a cheque with his signature against a legally enforceable debt or liability so your case comes under the purview of sec 138 of N.I.Act.
Advocate. Arunagiri
(Expert) 28 November 2011
When you say the cheque is issued against the loan of your father, it is a legally enforceable debt, so it attracts S.138.
Shonee Kapoor
(Expert) 29 November 2011
Yes, agreed with experts.
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