Dishonour of cheques under negotiable instruments act

1038 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

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 14 July 2026
Article Assistants

R Shyam and Associates

New Delhi

CA Final

View Details
Company
29 July 2026
Audit Executive

RBSM Corporate Advisors Private Limited

Pune

CA

View Details
Company
13 July 2026
AVP / VP - PCG Advisory

Workforce Connect

Mumbai

MBA

View Details
Company
ARTICLESHIP 30 June 2026
Taxation Content Writer Intern

Interactive Media Pvt Ltd.

New Delhi

CA Inter

View Details
Company
Featured 18 July 2026
Senior Manager- Finance & Accounts

apricus india

Ahmedabad

CA

View Details
Company
ARTICLESHIP 10 July 2026
Article Assistant

N S Gokhale & Co

Thane

CA Inter

View Details
Company
28 July 2026
Senior accountant

RJ Public School

Bengaluru

B.Com

View Details
Company
ARTICLESHIP 15 July 2026
CA Articles

Kinjal H Shah & Co.

Mumbai

CA Foundation

View Details