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(Guest)

Bearer Cheque

can any one explain me liability incase of Bearer Cheque U/s 138 of NI Act where there is no legal enforceable liability.  any case lasws??????



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 6 Replies

Swami Sadashiva Brahmendra Sar (Nil)     02 April 2009

rules on dishonor of cheques are equaly applicable to bearer cheques.

Ashey   03 April 2009

to attract sec:138 of NIA , the cheque should be issued towards a legal obligation  and the burden of proof lies with the accused to prove that there is no legally enforceable liability


(Guest)

Sir, the complaint filed by the complainant that there is Cash loan against that the accused issued a bearer cheque and there is no legally enforceable liability in hands of accused????? onus on to whom??????  the complainant or accused to proove the liability????


(Guest)

Sir, the complaint filed by the complainant that there is Cash loan against that the accused issued a bearer cheque and there is no legally enforceable liability in hands of accused????? onus on to whom??????  the complainant or accused to proove the liability????


(Guest)

there is no legal obligation towards the liability to pay complainant the said bearer cheque amount. Its all about oral issue????/ will this legal enforceable liability towards the accused?

K D Pande (Advocate)     25 August 2009

Bearer cheque & A/c payee cheque comes u/s. 6 of N.I. Act. Both are having same rules.for the prosecution on the basis of bearer cheue u/s. 138 of N.I.Act. initial burden to prove existance of liability is on drewee of the cheque.

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