Sec 138

nitin gatagat (Querist) 10 August 2019 This query is : Resolved
Dear sir... Full case details is as
I am the distributor of micromax mobiles named .. nakoda agencies I came in to agreement with accused in jan 2018 for distribution of mobiles with agreement and same time taken 3 blank cheques for security purposes .. In last month I.e. july 2018 .. dispute with party for payment of rs.230000 .. on July 1 2018 I filled cheque and bounced and filled in sec 138 .. Our books of accounts matched till June.2018 ... But 1 credit note of rs.18000 I forgot to add of July which belongs to sale of month of June .. In cross they produced mail copy and working of claim pending.., i had not accepted but it proves clearly by my mail to them regarding june month scheme .. Now my issue is that can he escape from all liability if it proved in court it's pending with me rs.18000
I lost my money n case also?

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P. Venu (Expert) 11 August 2019
Provisions of Section 138 of NI Act have no application if the blank cheques had been taken for security purpose.

nitin gatagat (Querist) 11 August 2019
Sir... I have liability but not that much filled in cheque and presented for clearing .

Suhail A.Siddiqui (Expert) 12 August 2019
Plead properly and prove the liability is only RS. 18000/- you may get relief from cheque amount

Adv. Vaishali Harish Gore (Expert) 12 August 2019
what is actual amount receivable from other party? and for what amount u filed a case?

P. Venu (Expert) 12 August 2019
Provisions of Section 138 NI Act apply if the cheque had been issued in discharge of an enforceable debt and not otherwise. Admittedly, you have already moved the Court. Do the pleadings substantiate an enforceable debt?

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