Sec 138

nitin gatagat (Querist) 13 August 2019 This query is : Resolved
I am accused in my case .. complainant submiTted statement as evidence in court at cross examine with affidavit .. I got the copy of the same.. I found that company had not credited my credit notes which they are liable to credit to me as per their offical mail for the same.
Now my query is that if cheque amount is more than actual debt then court can grant me relief ?

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Advocate Bhartesh goyal (Expert) 14 August 2019
Yes, definitely you will get relief.if cheque amount is more than due and payable amount than court shall have to dismiss complaint.

P. Venu (Expert) 14 August 2019
You have not posted the material facts. How you are in debt? Is it an enforceable debt? Have you been served with the statutory notice? If so, what is the substance of your reply?

Adv Shailendra Deshpande (Expert) 21 August 2019
138 proceedings are treated as criminal proceedings for Cheque Dishonoured matters and has to be dealt accordingly. You can mention the same in 138 case but it does not absolve liability under NI Act. You can recover credit amount by filling separate recovery suit.

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