Legal Question in Criminal Law in India

Case relating to 138 of N.I.Act
If A has filed a case against B u/s138 of NI Act.Here A is complainant and B is accused.The B(accused )filed a petition stating that income proof of the A is to be taken into account.The court rejected the petition as the proof of the income is not required.The accused has gone for appeal to the High Court.Now, I want to know is there any similar case relating to income proof is not required is there?If ,there please send me the detail case(I am from the complainant).

Asked on 9/22/08, 11:22 pm

5 Answers from Attorneys

Deepak kumar

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Re: Case relating to 138 of N.I.Act

Cases under sec 138 are of criminal nature and it has to do nothing with the proof of income as the cheque itself signifies the existence of a liabilty on part of the person issusing the cheque and hence, its hard for him to deny the same. However if you wish to get specific judgements on this matter that proof of income is not required you can log on to Supreme Court website. Apart from this you can also check INDLAW as well as SCC online.

In case of any clarification feel free to contact at- +91-9910472298 or can post your query in detail at [email protected].

Answered on 9/23/08, 1:13 am

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Shrichand Nahar S.V.Nahar, Advocate

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Re: Case relating to 138 of N.I.Act

Proper way is to cross the complainant with appropriate suggestions on the point and then call for the documents and on receipt of documents continue with further cross.

Answered on 9/23/08, 1:45 am

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Aniruddha Pawse Aniruddha.P.Pawse Advocates

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Re: Case relating to 138 of N.I.Act

Where does the question of petition arise in case like sec 138 ni act. income proof of complainant is not required in such cases.

Answered on 9/23/08, 4:10 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Case relating to 138 of N.I.Act

You do not have to worry. The accused cannot relate his case with your income. YOU MAY need to prove that the cheque was issued for a valid consideration and that is the end of the matter. IT WILL for the accused to prove that income proof is required.

Answered on 9/23/08, 7:54 am

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