Sec 138 NI Act

Querist : Anonymous (Querist) 25 October 2010 This query is : Resolved
I am in receipt of cheques issued by a company.
Company has stopped the payment of these cheques.
I have intiated the procedure to file a case u/s 138.
I have stopped the payment of cheques issued by me to company in lieu of refund of loan - till my due money is received either during the pendancy of court proceedings or after the case is finalised.
Can company file a civil case claiming the stopped payments are rebuttable (and I am asked to prove the debt during civil suit)?

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adv. rajeev ( rajoo ) (Expert) 25 October 2010
If you have also issued a cheque co., may also initiate legal proceedings against you u/s 138. If not they may file or may not file a civil suit. ONly co., knows it.