138 ni act

[ARYAVART VIDYA Mandir]

dear sir please explain that , a ngo had issue a cheque to a buddy without stamp on the cheque only signature is there . the buddy did not present the cheque in his a/c , but he get a memo slip from the bank counter ” in sufficient fund” nor the cheqe is visible in my bank a/c as return as ” in sufficient fund”. nor bank charge penalty from my a/c .
can i defend 138 ni act ?

[Dr. Ashok Dhamija]

You have said that cheque was not even presented in the bank and he still got a memo from bank saying “insufficient funds”.

So, if the cheque is genuine and you want to make the payment, then pay the amount after the notice is given to you.

On the other hand, if you feel that there was sufficient balance in your account, and still the bank gave a false memo saying “insufficient” funds (since you claim that the cheque was not even presented in the bank), then you can show proof of the sufficient balance in account by producing the account statement.
     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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