Ms Money: Cheque bounced? Mr Banker: Madam, you can seek help by filing a suit under Section 138… It is a widely accepted norm in India that if a cheque is dishonoured then the person can get relief through legal court proceedings under Section 138 of the Negotiable Instruments Act, 1881. As easy as it may sound, Section 138 is not a ‘ Brahmāstra ’ for all cheque bounce cases. In the present case, the Bombay High Court did not provide relief in the cheque dishonour case. The judgement specifically states that “No doubt cheque is a negotiable instrument which is transferable and negotiable; the presumption under Section 138 of the Negotiable Instrument Act can be drawn only when the pre-conditions are satisfied. The complainant unilaterally put dates on the cheques without the authority of the accused and even by not informing him. So, it amounts to material alterations. If it is so such negotiable instrument becomes void". The complainant is one of the partners in a partners...
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