Negotiable Instrument Act legally inforceable debt
Querist :
Anonymous
(Querist) 14 November 2010
This query is : Resolved
I have filed a complaint under sec 138 of negotiable instrument act. The complaint is for argument stage and Hon'ble JMFC has raise a query i place as under
complainant have a medical shop and he sale a medicine to the another medical shop through third person. But when we filed the case the accuse has put his defence that the medical shop for which medicine is given is not in existence at the time of medicine sold. and also put technical defence that drug license number of purchase shop is not mention on the invoice. complainant also admit in cross examination that there was a process of written order from purchaser on his shops letterhead. complainant has licence to sale the drug. JMFC put query of legally enforceable debt on above defence of accused. Please give some authority or guidance to me.
Khaleel Ahmed Mohammed
(Expert) 20 November 2010
It is the duty of the accused to clear the amount of cheque which have bounced or face punishment for the offence . The accused can not be benefitted mere small lacunae.
Querist :
Anonymous
(Querist) 20 November 2010
Thank you sir,
JMFC passed an order and punish the accuse.
