You will still have to pay though there is no possibility of 138 action.

in case the complainant fails to prove that the cheque was given towards a legally enforceable debt or liability, the amount cannot be claimed. as you are saying that the cheque was a gift, then the onus is on the complainant to prove that it was given towards a debt or liability.

I agree with Mr.Rajiv,

For more detail contact.

adv.kamal.grover@gmail.com

Regards