Legal Question in Criminal Law in India

Sec.138 of NI Act

Can a person who has given a

cheque as security or guarantee on

somebody's behalf can be

proceeded against under Sec.138

of NI Act if the cheque bounces?


Asked on 5/11/09, 12:51 pm

4 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Sec.138 of NI Act

Yes, the guarantor may be liable along with the borrower.

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Answered on 5/12/09, 12:45 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Sec.138 of NI Act

A security or guarantee is enforceable liability.

If accused can prove that cheque was entrusted with a clear agreement or understanding that same is never to be deposited or encashed, then he may be acquitted.

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Answered on 5/12/09, 1:55 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Sec.138 of NI Act

yes

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Answered on 5/14/09, 9:45 am
Pranav Desai PD Legal & Associates

Re: Sec.138 of NI Act

Yes

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Answered on 5/12/09, 5:33 am


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