Legal Question in Criminal Law in India

Re: sec 138

Your legal liability is required to be proved by them. If you have given a cheque without any liablity to pay as a gift you can't be held liable and guilty for chq bouncing.who writes the cheque also can matter if it is filled without your authority.

Re: sec 138

You may file complaint if the cheque is being used without your consent and press the charges of fraud.

Re: sec 138

Cheque can be filled up by anybody. Important question would be whether the amount stated in the cheque is towards the legal debt. If legal debt is not proved by complainant or it is disproved by accused, then no offence u/s.138.

Re: sec 138

on bouncing of cheque u will be liable

Re: sec 138

First thing, if the cheque is not deliverd by you, to the other person, and it is filled without your authority, then it cannot be said to be valid, and no liability can be saddled, This is the latest law that has been laid down by high courts and supreme court.

Further, even if the cheque is handed by you and filied with your authority, then also, if there is no \debt or liablity existing, for which cheque is issued, then also no offence is created.

further, u can file complaint for fraud, if the cheque is used wihotu ur authority.

feel free to contact

Re: sec 138

yes but it depends upon representation of your case.Contact with details,professional charges are applicable.