Ni act 138 section
ABC
(Querist) 05 October 2014
This query is : Resolved
Dear sir,
I wants suggestion from you , As per U/S 138 act ,complainant and accused cross is completed.In this cross complainant had never arise a question of insufficient fund after that he arise the question in argument about insufficient fund.Is it necessary to produce sufficient fund certificate?if yes then can i produce the sufficient fund certificate as a evidence as per law?
ajay sethi
(Expert) 06 October 2014
it is for the accused to lead evidence that he had sufficient funds in his account at time of cheque dishonour . on what grounds cheque was dishonoured?
ABC
(Querist) 06 October 2014
stop payment by drawer
DEFENSE ADVOCATE.-firmaction@g
(Expert) 06 October 2014
Defense in cheque bounce cases is technical and most accused or their advocates just do not use proper defense which is always available in all cheque bounce cases.
When the accused accepts that cheque was from his account and was bounced for whatever reasons the guilt is presumed.
Stop payment is no defense even if you have funds in the account.
It will be only relevant when accused can prove no legal dues.
Nadeem Qureshi
(Expert) 06 October 2014
agree with Adv. Defense, nothing left to add
Advocate Bhartesh goyal
(Expert) 06 October 2014
I too agree with Mr ADVOCATE DEFENCE.accused has to prove that no liability and dues exists against him.
Raj Kumar Makkad
(Expert) 08 October 2014
Such evidence can definitely be brought even at the time of rebuttal and argument but question arises is its relevance with the facts of the case which you have not disclosed properly.
T. Kalaiselvan, Advocate
(Expert) 09 October 2014
the legal liability of debt for which the cheques was issued has to be established by the complainant, the rebuttal to be made properly by the accused; Only such issues can be highlighted during argument.
