Section 138 - Negotiable Instrument act
I have taken a cash loan of Rs. 10 lakhs to be returned after six month at interest. As a security I gave a Post dated cheque of Rs. 10Lakhs. After the date of issue of cheque, the income tax authorities blocked my account for recovery of huge amount. Thus if i had deposited the amount equivalent to the cheque the bank would have transferred the said amount to the Income tax authority. In no case I had options honour this cheque.
Do I have merit in my case. Kindly sight supreme court judgement if any available.
Asked 7 years ago in Criminal Law
Religion: Hindu
@Ajay Sethi - I had signed a promissory note on my letterhead having a revenue stamp. but incidentally the complainant has not made a part of this promissory note as an exhibit. As per my understanding he doesn't have right to subsequently produce the same as evidence.
@ Shubham Jhajaria- Do you mean to say that if had deposited the amount on or before due date,my defense would have been stronger.
Asked 7 years ago