138 Negotiable Instrument ActC

Chetan (Querist) 17 August 2010 This query is : Resolved
That in a 138 case the cheques were issued by brother B whereas all the transaction were made by the complainant with brother B, the Brother A is not a HUF member
What will the consequences ?
Is there any chance ?
That brother B is not liable to pay the amount ?
Merely issuance of cheque is sufficient ?

Pls. Reply with Case LAWSVery urgent

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Devajyoti Barman (Expert) 17 August 2010
Yes cheque bouncing cases are under strict liability clause and the presumption is always that the cheque was issued in discharge of debt and it is upon the drawer of the instrument to rebut this presumption.

adv. rajeev ( rajoo ) (Expert) 18 August 2010
complainant has to prove that there is legally payable debt of A. He has to prove the business transaction with cogent documentary evidence.

G. ARAVINTHAN (Expert) 18 August 2010
if complainant proves, then he is entitled for prayers

DEFENSE ADVOCATE.-firmaction@g (Expert) 18 August 2010
give case laws and it is very urgent , this most arrogant way of making querries.

H. S. Thukral (Expert) 18 August 2010
If the cheques were issued by 'B' in his personal capacity from his personal account, no liability is incurred by A

Guest (Expert) 18 August 2010
KINDLY NOTE THAT THE DRAWER OF THE CHEQUE HAS TO DEFEND THE CASE FILED AGAINST HIM.BUT COMPLAINENT HAS TO PROVE IN COURT THAT THE CHEQUE WAS ISSUED TOWARDS LEGALY ENFORCEABLE DEBT.THERE ARE OTHER LAW POINTS ALSO.
THE OTHER BROTHER WHO IS ALSO INVOLVED IN THE CASE CAN FILE WP FOR QUASHING THE CASE.
KINDLY WRITE AND SEND DETAILS FOR FURTHER HELP.
GOOD LUCK.
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251,9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

R.Ranganathan (Expert) 18 August 2010
Query itself is not clear. Nowhere it is mentioned that case has been filed involving B also, i.e. either as an issuer of cheque or as an HUF. Why the experts are answering such meaningless questions.