138 ni act new case

rajesh kumar singh bhadouria (Querist) 25 March 2017 This query is : Resolved
dear sir please advice me there is another case of 138 ni act
a case 1380 ni act has been file in the court.
a cheque has been dishonoured by the bank.
accused has evidence of paid amount through various a/c paying cheque and some payment by NEFT .
can accused defend him from 138 ni act?

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Rajendra K Goyal (Expert) 25 March 2017
If the notice of dishonor of cheque was served in time and case is with in required time to file, it can be filed.

Dr J C Vashista (Expert) 26 March 2017
Submit your reply to demand notice.
Even then if a complaint is filed, contest it.

rajeev sharma (Expert) 27 March 2017
Appear in the court and file all the evidences of payment along with copy of bank statement evidencing payment to complainant. First be sure that these payments were made against dishonored cheque not in any other transactions with complainant

rajesh kumar singh bhadouria (Querist) 28 March 2017
the case 138 ni act has been filed, i did not rply of his demand notice. bail has been granted. now it is time to statement of 202 by the accused . it was a friendly lone from the complainant . the cheque was without date . i had repayment him with interest all his amount in 15 months. by maney cheques. but he still asking more many when i denied he bounced my cheque .

Dr J C Vashista (Expert) 29 March 2017
Contest and defend your case with all relevant receipts/statement of accounts and/or other documents to prove your case, through your lawyer.

Onus to prove that you have refunded the loan amount lies on you, otherwise, presumption is against you.

Consult your lawyer for proper guidance and proceeding.