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RAMESH TEKWANI (TRADING BUSINESS)     07 April 2009

BOMBAY HIGH COURT JUDGMENT UNDER SEC. 138

I am informed of Bombay High Court judgment wherein it was ruled that cheque bounced for supply of goods under challan/bill will NOT attract penalty under section 138??? That is: if goods are supplied by A to B under Invoice and A's cheque against this invoice is returned by the bank (for any reason).

Will someone confirm if such a judgment has been given and cite the details of the case???



Learning

 5 Replies


(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail nandkumarbs@sify.com

REGARDING THE QUESTION ABOUT CHEQUE BOUNCE CASE KINDLY NOTE THAT

1.THE PRESENT LAW PROVISIONS OF NEGOTIABLE INSTRUMENTS ACT ARE CLEARLY

ATTRACTED  IN CASE ANY CHEQUE GETS DISHONOURED WHICH WAS ISSUED FOR LEGALY ENFORCEABLE DEBT.

2.KINDLY NOTE THAT TRANSACTION OF GOODS SUPPLIED AND CHEQUE ISSUED FOR  PAYMENT OF AMOUNT OF INVOICE FOR GOODS SUPPLIED, THIS IS A PERFECTLY LEGALY ENFORCEABLE DEBT AND THE CHEQUE VOLUNTARILY ISSUED FOR THE CONSIDERATION RECEIVED IN CASE THE SAME IS DISHONOURED WILL ATTRACT THE PROVISIONS OF SEC.138 OF NEGOTIABLE INSTRUMENTS ACT. AND THERE IS PROVISION OF TWO YEARS IMPRISONMENT AND COMPENSATION WHICH MAY BE THE EQUAL AMOUNT OF CHEQUE DISHONOURED AND FINE.

KINDLY NOTE THAT I HAVE WON SEVERAL CASES UNDER NEGOTIABLE INSTRUMENTS ACT.SEC.138 AND GOT ACCUSED PERSONS ACQUITED.BUT KINDLY NOTE THAT  EVERY JUDGEMENT WILL DEPEND ON FACTS OF EACH CASE WHICH ALWAYS DIFFER.

KINDLY FURTHER NOTE THAT THE OFFENCE UNDER SEC.138 OF N.I.ACT.,IT IS A CASE WHICH IS TO BE HANDLED WITH CARE .THERE ARE HARDLY ANY POINTS OF DEFENCE.HENCE DONOT RELY ON ANY HEARSAY RUMOURS  UNLESS YOU HAVE SOLID PROOF WITH YOU.BUT KINDLY NOTE THAT IN CASE THE CASE IS STUDIED CAREFULLY THERE ARE GOOD CHANCES OF ACQUITAL ALSO.

KINDLY NOTE THAT DONOT TAKE CHANCES UNLESS YOU HAVE ANY COPY OF JUDGEMENT WITH YOU.

IN CASE YOU NEED ANY FURTHER HELP KINDLY SEND DETAILS

WITH BEST REGARDS

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI), ADVOCATE

veenzar (Advocate)     14 May 2009

No court can pass such judgment much less the High Court. I think you are misled. The dishonour in the circumstances given is certainly tantamount to an offence as contemplated under the NI Act.  

Rajotabho Dutta (nil)     25 April 2011

 

 

I have taken a personal loan from a financial institution. After repaying of 65 percent of loan amount my business faced a major losses. There for just now I am not able to pay. I beg time from the bank and requested them to resettle the EMIs but thee are so so.

I am from kolkata. At that situation the institution send me a Summon from Gurgaon district court. In  summon there is no case number and no Ashoke Stambha. Only a Xerox copied single page summon.

 

My questions are:

 

  1. According SC judgment 2021 of 2008 is any financial institution can send me this type of summon from Gurgaon. Where they have placee all remaining claque at kolkata. But only that claque they have put at Gurgaon ???

 

  1. Any summon with out case number, with out any “Asoke Stambha”, only a Xerox printed copy is authentick ???

 

Rajotabho Dutta (nil)     25 April 2011

 

I have taken a personal loan from a financial institution. After repaying of 65 percent of loan amount my business faced a major losses. There for just now I am not able to pay. I beg time from the bank and requested them to resettle the EMIs but thee are so so.

I am from kolkata. At that situation the institution send me a Summon from Gurgaon district court. In  summon there is no case number and no Ashoke Stambha. Only a Xerox copied single page summon.

 

My questions are:

 

  1. According SC judgment No: 2021 of 2008 is any financial institution can send me this type of summon from Gurgaon. Where they have placee all remaining chaque at kolkata. But only that chaque they have put at Gurgaon ???

 

  1. Any summon with out case number, with out any “Asoke Stambha”, only a Xerox printed copy is authentick ???

Rajotabho Dutta (nil)     25 April 2011

 

I have taken a personal loan from a financial institution. After repaying of 65 percent of loan amount my business faced a major losses. There for just now I am not able to pay. I beg time from the bank and requested them to resettle the EMIs but thee are so so.

I am from kolkata. At that situation the institution send me a Summon from Gurgaon district court. In  summon there is no case number and no Ashoke Stambha. Only a Xerox copied single page summon.

 

My questions are:

 

  1. According SC judgment No: 2021 of 2008 is any financial institution can send me this type of summon from Gurgaon. Where they have placee all remaining chaque at kolkata. But only that chaque they have put at Gurgaon ???

 

  1. Any summon with out case number, with out any “Asoke Stambha”, only a Xerox printed copy is authentick ???

If there is any answer please mail me at : rajotabhodutta@yahoo.in


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