cheque

eswaramurthi (Querist) 03 July 2010 This query is : Resolved
cheque issued to own sister for settlement of partition as gift. cheque after presentation dishonoured. whether 138 NI act will attract or not?

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DEFENSE ADVOCATE.-firmaction@g (Expert) 03 July 2010
Do you expect sister will file case against you.

Devajyoti Barman (Expert) 03 July 2010
Definitely yes.

Guest (Expert) 03 July 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE 9271971251, 9960223100

e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE DISHONOUR OF CHEQUE, A CASE CAN BE FILED.YOU MAY KINDLY NOTE THAT THE CHEQUE WAS ISSUED TOWARDS COMPENSATION FOR WAIVING THE SHARE AT THE TIME OF PARTITION OF PROPERTY.
YOU HAVE RECEIVED SHARE IN THE PROPERTY AT THE TIME OF PARTITION OF PROPERTY AND FOR WAIVING THE SHARE OF SISTER IN THE SAID PROPERTY YOU ISSUED HER CHEQUE WHICH GOT DISHONOURED.

SHE IS YOUR SISTER AND HAS LEGAL SHARE IN THE PROPERTY.YOU HONESTLY PAY THE AMOUNT TO YOUR SISTER AND HONOUR THE COMMITMENT MADE AT THE TIME OF PARTITIONAND PAY THE AMOUNT OF THE SAID CHEQUE WHICH GOT DISHONOURED.

SHE CAN LEGALY FILE A CASE UNDER SEC.138 OF N.I.ACT .
THANKS.

B K Raghavendra Rao (Expert) 03 July 2010
If it is a gift, 138 would not apply. But, as you say it is partition by gift, 138 applies.

Parthasarathi Loganathan (Expert) 04 July 2010
Basic tenor of any cheque will not speak out the purpose of its issuance. Honour or dishonour of cheque is always subject to availability of funds, signature of the drawer and apparent tenor and nothing else.

Sukhija (Expert) 04 July 2010
Any document executed accepting the said chq was given against partition/Gift?
Yes then u/s 138 she will succeed to get conviction V/s Accused.

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