Legal Question in Criminal Law in India

Cheque Bounce

one among 4 partners of firm gives 10 post dated cheques to another sleeping partner(with negative capital balance in firm) towards monthly withdrawl from his saving account. After encashment of 4 cheques dispute ampng partners starts and firm remains closed since then. Giver of cheques stops payment. After six months holder of cheques presents these cheques presents these cheques. These return unpaid due to no funds. The hlder files case u/s138. Has giver existing legal enforible debt/other liability. firm's disputed case is in the court.


Asked on 4/10/09, 8:59 am

3 Answers from Attorneys
Yanala LaknaReddy Law towers

Re: Cheque Bounce

It all depends on the civil courts findings.The holder the cheque is also a partner in the firm. The terms and conditions in the partnership deed also help us to take proper view in the matter.

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Answered on 4/10/09, 9:24 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Cheque Bounce

Already replied

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Answered on 4/11/09, 2:15 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Cheque Bounce

Prima facie presumption that cheque is given for discharge of legal debt or liability is in favour of the holder of a cheque. Accused can rebut the presumption.

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Answered on 4/11/09, 2:41 am


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