138 ni act

L.N.S.BHASRI (Querist) 03 September 2012 This query is : Resolved
It is the contention of the complainant that the accused approached him for the financial assistance of rupees 1lakh and the accused issued him a check for Rs. 1lakh after the demand. The complainant presented the said cheque through his banker and returned for the reason funds insufficient. The complainant filed the case U/s 138 NI act and R/w 420 of IPC.
The complainant in his cross exam states that he took the cheque as security. The transation took place in the month of Jan.2008 the same day cheque was also issued.
But, in the complaint, the complainant states that the transaction took place in the month of Aug.2008 and in his cross exam he states that there was a conversation in respect of interest to be paid on the hand loan given.
On the above grounds is there any chances of discharge of the accused.
Anticipated Kind reply.

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ajay sethi (Expert) 03 September 2012
if cheque is given as security no complaint under section 138 Ni is maintanable . number of judgements on the issue .

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