Legal Question in Criminal Law in India

cheque dishonour

I have issued a blank cheque to a person who has inturn gave those cheques to a person whom I owe money and those cheques got dishonoured stating as Insufficient funds. In the notice itself I have stated same and he asknowledged that he has not received the cheques directly from me but from the person whom I have given those blank cheques and he says that he is his representative. Please let me know whether I will be tried and pusnished in such a Case or not


Asked on 2/23/08, 6:16 am

3 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: cheque dishonour

You will be tried. Punishment depends on nature and quality of evidence actually coming before the court.

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Answered on 2/23/08, 11:34 pm
G. M. Gupta gmguptaandassociates

Re: cheque dishonour

yes u can be if he is a holder in due course

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Answered on 2/23/08, 8:31 am

Re: cheque dishonour

It is a case of criminal breach of trust.Since he is not the holding the cheque against law ful consideration,hence,no case u/s.138 NIAct is made out.However,it is to be seen as to whether you had issued cheque in the name of first friend or not?If the cheque isin the name ofA friend and cheque is deposited by B friend and thereafter B friend had issued the notice then no case u/s.138 NI Act is made out,hence,you are not liable to beconvicted u/s.138 NI Act.In case of need contact with details,professional charges are applicable.

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Answered on 2/23/08, 12:20 pm


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