I gave a cheque to my brother, as a gift on his birthday, for Rs one lakh and the cheque bounced.
I explained to my brother that I had miscalculated my bank balance and I will make up for it in a few months.
But, my bhabhi is barinwashing my brother to threaten me with a 138 case, to extract money out of me.
My brother has given me cash, in the past, for more than one lakh and some gifts in the form of cheques also.
But, are gifts exchanged between brother and sister legal loans and can there be a 138 case between a brother and sister. How will one prove that the money given to the other was not a gift but a loan. Can my brother even file a case under 138, by arguing that the money paid to me was a loan, not a gift, so my cheque having bounced is a fit case under section 138. Again, when is money given by a brother to a sister considered to be a loan and not a gift - even if the sister asks for that money from the brother.