138 NI Act Part payment taken before cheque put for payment
amit
(Querist) 27 April 2015
This query is : Resolved
I had taken few loans from unknown parties through an finance broker ( not alive now )
Paid out these parties interest and also part payment of some amount via cheques
Due to dispute with the broker ( when alive)
Broker make these parties launch security cheque (without date) in bank after filling the date of full loan amount
I make stop payment, they filled cases against me u/s 138 claiming full amount
Without reducing the payment made before launching of cheque
They asked me to pay full cheque amount in notice , in their suit, in their statements and affidavit
Since payment are done through cheques
I can prove the same in court too
My lawyer is asking for doing compromise
Which I don't want to go cause I am feeling cheated
Please suggest what should I do, please also give me some judgment ruling to fight to win
My lawyer says that lower courts don't consider part payment they are in habit of punishing the accused
Anirudh
(Expert) 27 April 2015
You are talking 2 things here. (1) Complaint u/s. 138 N.I. Act and (2) Summary Suit u/o 37 CPC.
Before launching complaint u/s. 138 N.I. Act, the complainant would have served a legal notice to you. WHAT WAS THE REPLY GIVEN BY YOU TO THAT LEGALNOTICE - did you say that you have made payments through cheque and therefore their demand for payment of entire cheque amount is wrong? If not why not?
In Summary Suit, you have to file your leave to defend within specified time. Did you file your defence. Did you take the similar plea that you have already made payments through cheque? If not, why not.
Nadeem Qureshi
(Expert) 28 April 2015
Dear Querist
if there is any reply of his legal notice issued by you then this reply will be consider as your defense, fight the case on merit and try to prove that this cheque was a security cheque which is not come under the section 138 of N.I.Act, hence this complaint should be dismissed.
Rajendra K Goyal
(Expert) 28 April 2015
Defend the case on merits, if you feel cheated. Engage the services of some expert lawyer.
SAINATH DEVALLA
(Expert) 28 April 2015
90% of 138 offenders neglect the statutory notice given by the complainant.There itself they loose half the case.Take UR local lawyer into confidence and act accordingly.
Raj Kumar Makkad
(Expert) 30 April 2015
In addition to the wise advice of the Ld. experts provided to you above, I do suggest that the re-payment shall definitely help you and the complaint can be got dismissed on that ground also subject to you prove your case successfully.
The issue of compromise is also not bad subject to adjustment of your re-payment and loan been within limitation.
T. Kalaiselvan, Advocate 
(Expert) 03 May 2015
If there is a chance for an amicable settlement, better avail the opportunity instead of prolonging the issue and causing continuous mental stress over the pending issue.
Guest
(Expert) 03 May 2015
Repeated query!
Previously posted same query at:
http://www.lawyersclubindia.com/experts/138-ni-act-part-payment-taken-before-cheque-put-for-payment-534616.asp#.VUX3UfDxphk
SAINATH DEVALLA
(Expert) 06 May 2015
Repeated query to waste time of the experts
amit
(Querist) 07 May 2015
Thanks all
We had replied the notice within time limit
We had taken the plea that whole payment was made but as a matter of fact it is not true, but it is true we had made major amount
Settlement is easy solution, but it will also put us under financial pressure by paying again the amount already paid
amit
(Querist) 07 May 2015
Thanks all
We had replied the notice within time limit
We had taken the plea that whole payment was made but as a matter of fact it is not true, but it is true we had made major amount
Settlement is easy solution, but it will also put us under financial pressure by paying again the amount already paid
SAINATH DEVALLA
(Expert) 10 May 2015
Amit since the past 3 yrs U have been posting queries relating to NI Act, as if U R the defaulter,is this only to gain knowledge about NI Act or U R a habitual defaulter of cheques.
T. Kalaiselvan, Advocate
(Expert) 10 May 2015
The author may answer the further queries raised by expert Mr. Sainath Devalla.
amit
(Querist) 12 May 2015
No sir I am not an habitual defaulter, I am being victim of conspiracy
With due respect I beg to say that my credit ratings are as high as 800
But it is my nature to fight all injustice with last stage and full force
Otherwise compromise is easiest way out which I don't want to go for, since felt cheated
As i told clearly that
Full Amount was not paid ( ref 7th may)
If I would have been habitual defaulter I would have conceal this fact
Please guide
amit
(Querist) 12 May 2015
No sir I am not an habitual defaulter, I am being victim of conspiracy
With due respect I beg to say that my credit ratings are as high as 800
But it is my nature to fight all injustice with last stage and full force
Otherwise compromise is easiest way out which I don't want to go for, since felt cheated
As i told clearly that
Full Amount was not paid ( ref 7th may)
If I would have been habitual defaulter I would have conceal this fact
Please guide
Parthasarathi Loganathan
(Expert) 22 October 2015
Could you quantify the total loan amount availed and loan repaid till date alongwith other terms and conditions stipulated in terms of interest, default penalty, etc? All these aspects are to be filed before the court and argued accordingly pressing for the net amount payable duly acknowledged by the bench.
