banner_ad

Dishonour of cheques under negotiable instruments act

Others 1025 views 1 replies

Dear Sir,

Section 138 of the Negotiable Instruments Act provides that offence of dishonour of cheque shall be deemed to be committed if a few conditions are satisfied. One of the conditions is that the drawer should make a payment through cheque either in whole or in partial discharge of a legally enforceable debt.

I would like to know that if a person issues a cheque towards application of shares in a company, the company is required to deposit the application money into a separate bank account.  Upon such drawing, if the cheque bounces, will the applicant be held guilty under Section 138 of NIA even if no shares were allotted to him?  Can the company claim that there exists a legally enforceable debt?

 

Replies (1)

For this one shoud refer to Indian Contract act

in case shares are applied for in acompany there is only an offer to subscribe for shraes which the co may or may not accept

and hence section 138 of NIA is not applicable


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Topics
Loading
Company
09 June 2026
Accounts Associate

S Madan and CO

New Delhi

Graduate (Any)

View Details
Company
Featured 27 May 2026
Lead Conversion Executive / Sales Closing Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details
Company
26 May 2026
Education Content Creator

Adyayam Education LLP

Bengaluru

CA Foundation

View Details
Company
14 May 2026
Senior Associate

ABHISHEK SHANKAR AGARWAL & ASSOCIATES

Kolkata

CA

View Details
Company
19 May 2026
Article, CA & Paid Assistant Positions

Aggarwal Sarawagi and Co

New Delhi

CA

View Details
Company
Featured 26 May 2026
Account Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details
Company
29 May 2026
Accounts assistant

Shubh Consultancy

Mumbai

Graduate (Any)

View Details
Company
10 June 2026
Senior Account Executive

JDS Advisory LLP

Ahmedabad

CA Inter

View Details