Legal Question in Criminal Law in India
U/s 138 my Brother purchased a Battery withour Invoice from a supplier and give a cheque as security. He was not able to pay the battry cost (amount) then supplier represented the cheque in bank without any prior notice three times they presented the cheque in bank then cheque bounced & dishounour .
Now they give a notice u/s 138 negotiable Instrument act.
Kindly please provide me the correct way to defend them . I am fresher in Law
Asked on 12/22/10, 3:06 am
1 Answer from Attorneys
Shrichand Nahar
S.V.Nahar, Advocate
Payee of a cheque is bound to prove legally enforceable debt or liability even in the wake of presumption.
Payee is further bound to prove due compliance of statutory provisions in the time prescribed therefor.
A defence is required to be prepared keeping in mind above things.
Answered on 6/03/11, 3:12 am
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