138 - n. i. act
minsal
(Querist) 23 August 2014
This query is : Resolved
Dear Experts,
My client purchased certain goods worth of Rs. 2,57,063/- on credit. Even after two years of said purchase he has not paid the amount hence that fellow came at my client’s house along with two-three subordinates and pressurized my client to issue certain cheques and under pressure and threats my client signed and issued Seven cheques out of which, five cheques are each of for Rs. 50,000/-, One cheque of Rs.7063/- and one cheque of Rs.2,57,063/-. My client has not taken any action against that for the reason best known to him. Now after a month, out of seven cheques, those fellow deposited one cheque of full amount i.e. of Rs. 2,57,063/- which is obviously returned with the reason “FUNDS INSUFFICIENT”. Now those fellow has issued a notice u/s 138 through his advocate. My client’s name is Alok R. Sharma and he used to write his name as “Alok R. Sharma” cheques are also signed as Alok R. Sharma but in the notice, his name shown as “Alok Naresh Sharma”. Rest of the contents and the address are true and proper but his father’s name shown wrongly. Can we take advantage of the same mistake? How?
Thanks in advance.
ajay sethi
(Expert) 23 August 2014
client name is correctly shown . that of father is wrongly mentioned . address is correctly mentioned . so are the contents .
better settle with the creditor and make application for compounding in 138 Ni
Shonee Kapoor
(Expert) 23 August 2014
As the legal debt is not doubted, the chances of conviction is high.
Did any complaint was lodged for such forcible taking away of cheques? If none, then your friend has a week case.
Regards,
Shonee Kapoor
www.shoneekapoor.com
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If you don't fight for what you want, don't cry for what you LOST.
Dr J C Vashista
(Expert) 24 August 2014
Amicable settlement of dues is the best option, as advised by the expert Sh. Rajendra K Goyal, I agree with him.
However, spelling mistake (error) in the demand (legal) notice will hardly matter in a complaint case, if proceeded.
T. Kalaiselvan, Advocate
(Expert) 29 August 2014
I agree with the experts advise and suggestion on the subject, better try for an amicable settlement to avoid litigation.
