Under Section 138 of the Negotiable Instruments Act, 1881, a cheque bounce case can only be filed if the cheque is drawn by a person who is legally capable of entering into a contract. Key Points: 1. Minors Cannot Be Held Liable: - A minor cannot be prosecuted under Section 138 because they are not legally competent to enter into a contract under the Indian Contract Act, 1872. 2. Cheque Issued on Behalf of a Minor: - If a cheque is issued by a guardian or legal representative on behalf of a minor, then the guardian or representative can be held liable if the cheque bounces. - The liability depends on whether the person issuing the cheque did so in their personal capacity or on behalf of the minor. 3. Guardian’s Liability: - If the guardian issues the cheque for personal liabilities or commitments, they can be held liable under Section 138. - If the cheque is purely for the minor’s interest (like managing a minor’s account), it may not attract prosecution under Section 138.
Answer By AnikDear Client, Since a minor's contract is null and void under Sections 10 and 11 of the Indian Contract Act 1872 a check bounce case under Section 138 of the Negotiable Instruments Act 1881 is typically not maintainable against a minor. A check written by or on behalf of a minor does not carry criminal liability under Section 138 since a minor cannot have a legally enforceable debt or liability. However the adult who took on the responsibility of payment may be held liable if they sign or guarantee the check with the minor. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
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