138 n.i.act
Maran9500028999
(Querist) 22 January 2012
This query is : Resolved
Dear Sir
I borrowed loan 2 lac in the yr 2009 by giving original docs,rc book, blank cheques with one of my friend who is a financer, he joined me in chit and took that amount also, where quarrel started between us, and i repaid the entire loan amt after deducting the chit amt and paying addl 10k interest, and gave my property by giving power of attorney in the yr 2010. He also gave receipt for the entire amt. Wen demanded reg security docs, he informed me,he will returned, but not.I sent a letter dated aug 2011 reg return back of my docs. Later in the year 2011, he issued notice dated 30.09.2011 u/s 138 as if i borrowed the loan amt on 01.05.2011 for Rs.2 lac and also he stated he do not have any document and now filed 138 case. I have already paid the entire amt, without getting my doc, What shall i do. I have paid the entire amt, please suggest me what shall i do, only with positive reply.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 22 January 2012
Any case of cheque bounce (NI 138) can be won by the accused if diligently perused from initial stage. It is a myth that once a cheque is bounced conviction is imminent .
V R SHROFF
(Expert) 22 January 2012
from 30-09-2011, u r asking this Q now!!
You replied the notice??
Defense starts from the day u reply notice. By now he must have lodged his 138 NI complaint too.
If he did not file complaint TILL DATE, . he cannot file now onward (Limitation).
WHAT IS THE STATUS TODAY?
Maran9500028999
(Querist) 22 January 2012
Dear VR Shroff, Thanks for your reply, he has instituted 138 now.and court has ordered notice to me. Wat shall i do
ajay sethi
(Expert) 22 January 2012
you have to contest the case since you have paid entire amount with interest .
Guest
(Expert) 22 January 2012
just send me the scan copy of the said legal notice to me, also the reply copy as well i u replied.
further, u need not to worry, it is herewith suggested that feel free to contact me asap.
Manoj kumar,
Advocate,
Delhi.
Ph: 09310443650 / 09319220768
Email: advocates.agra@gmail.com
Sudhir Kumar, Advocate
(Expert) 22 January 2012
If you have refunded what you got from him as loan, you can win 138 case adn also file cae of malicious proseution. The chit fund money can be treated as donation to him which you are not getting back. Well you may still call him friend if you so desire but he is ex-friend.
Raj Kumar Makkad
(Expert) 23 January 2012
Nothing seems to be added in the well advised query/reply.
V R SHROFF
(Expert) 23 January 2012
DEFEND UR SELF
Prabodh Shukla
(Expert) 23 January 2012
do you have any receipt of the payment you had made to your friend .... or any acknowledgement ship for your legal documents ..... or any legal written documents regarding chit fund investment and all......
regards
Prabodh Shukla
9540274333
prabhakar singh
(Expert) 23 January 2012
When you paid him what restrained you from taking bact the blank cheques???cheques were dated by you or not.DO you have the proof of the payment???? Any way contest now his case.
Maran9500028999
(Querist) 23 January 2012
Dear all,
Thanks for ur reply. one advocate suggested that the complainant has filed 138 as if i have borrowed money only on 01.05.2011, he(COmplainant) can defend that u (accused) had a good relationship, by that he issued the same cheque to me(complainant) and i gave the money. So my friend advocate said that it is very tough to win the case. Except power of attorney and the receipt, all other are copies,how can i defend sir. please tell me, so that i can fix a lawyer to contest the case.
Maran9500028999
(Querist) 23 January 2012
Dear Prabodh Shukla, prabhakar singh
Sir, i have already clearly stated that i have the receipt given by him regarding the payment.and i also given power of attorney as (Sold) to the financier for the balance payment, and still it stands in the name of the financier. when i made the payment and asked for the cheues, he said he will returned later on dragging, and now filed the case.
Shonee Kapoor
(Expert) 02 February 2012
:-)
Nothing left to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Maran9500028999
(Querist) 04 February 2012
Dear Sir Mr. V R SHROFF
Thanks for ur reply, he have filed 138 and they have to serve notice to me. But, my adv suggested not to get notice, and he will file defamation suit, and dispense with.
kindly tell me: After paying the entire amt, (Thou it is my fault of not received the documents and other cheques) is it necessary to appear before the court for a vexatious case filed by other party.
