Section 138 cheque bounce

Querist : Anonymous (Querist) 03 October 2022 This query is : Resolved
Dear Sir

My daughter had failed in 2 subjects in her Professional University examination of 2nd year by few marks. I was approached by an agent who promised me to get her passed. I gave approx 2 lacs to that agent who promised me to get her passed in rechecking process. He could not get my daughter passed and also did not return my money. On rigorous follow up he gave me a cheque of his proprietorship firm which got bounced just a day back.

Can I file case against him under section 138 of NI Act related to cheque bouncing.

Will the purpose for which the initial money was given be a factor that can go against me in this case . Please suggest.

Thanks

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Quick Summary

A parent paid an agent to help their daughter pass university exams, but the agent failed and issued a bounced cheque. The parent wants to know if they can file a Section 138 cheque bounce case. However, legal advice suggests that since the initial payment was for an illegal or unethical purpose (bribing for exam results), it may not constitute a legally enforceable debt. Therefore, a Section 138 case is unlikely to succeed, as the cheque was not given for a legitimate liability.

kavksatyanarayana (Expert) 03 October 2022
You gave him to favour your daughter in an illegal way. So how can you file a case against him on what basis?

Advocate Bhartesh goyal (Expert) 04 October 2022
No, cheque bouncing case can be initiate by holder when cheque was given to him against any debt or liability but not for on advancing illegal activity.

P. Venu (Expert) 05 October 2022
Yes, no action under NI 138 lies in the light of the given facts.

Pradipta Nath (Expert) 06 October 2022
No S. 138 case made out. Better to engage a good private teacher than engaging brokers. You are a mother. Don't play with your daughter's future.

T. Kalaiselvan, Advocate (Expert) 08 October 2022
The cheque given by the tour was not for repayment of legally liable debt hence this may not attract the provisions of section 138 MI Act to take action against him for filing cheque bounce case.

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