Legal Question in Business Law in India

Section 138 of Negotiable Instruments Act

Dear Sir

A check was issued to my brother to help him run his business, eight years back. It was issued with the amount entered only in numbers and not in words and without date. The checks presented after it where all honored. Then the account was inoperative for the past eight years.

This check was presented recently and was returned with reason insufficient money. Also the check value is changed to a huge sum. If this is proved will it be taken as disparity in amount stated and the case be dismissed.

If yes what is the procedure to prove that the check amount is changed purposefully.

Please help me out


Asked on 8/10/07, 1:11 am

1 Answer from Attorneys

G. M. Gupta gmguptaandassociates

Re: Section 138 of Negotiable Instruments Act

if the amount in digit and words differ the cheque will be invalid.

he can not file the case

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Answered on 8/17/07, 10:38 am


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