138ni

rakesh (Querist) 25 October 2016 This query is : Resolved
Sir,
My clint issued a cheque to his wife under an agreement to taken back all the cases against him up to 28.06.2016
inspite of six month time given to his wife she do not taken back a single case up to 2.8.2016 in mean time stop payment instruction given by my client on26.06.2016
on 22.09.2016 she prodused cheque to bank it is return back with note that stopped pmt.aggrement is that the amount of balance pmt should be deposited by breaking an FD which is under hypothicating of Bail under that cases
Now wife send notice through the adv. under 138NI pl give suggestion for my client.

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Rajendra K Goyal (Expert) 25 October 2016
Whether they were having written agreement to the effect containing cheque reference with no. of cheque in it with all terms and conditions as part of agreement?

Whether there existed any clause regarding steps to be taken by any party in case of default from other party?

Guest (Expert) 25 October 2016
Inappropriate description without stating whether the agreement was verbal or written.

Surrender K Singal (Expert) 26 October 2016
Agreement of 28.06.2016 needs to be looked into

Rajendra K Goyal (Expert) 26 October 2016
Waiting the asked facts from author, please advice whether agreement was before the court or otherwise before the witness.

adv.bharat @ PUNE (Expert) 26 October 2016
Author need to explain the details fact of case.

rakesh (Querist) 26 October 2016
Sir agreement done before family court on basis of agreement 13b is accorded to them both agreement done on rs 1000/- befor the court condition of agreement was that all the cases forged by wife will be taken before 28.06.2016 on this 6months period is so much to taken back 498a, 31 of DV and 19section ofDV etc cases will be taken back before 28.06.2016 but wife not done so up to the date of cheque 28.06.2016 and agreement also written that wife has to return cheque in lieu of cash will be given
by broking the FD which is under the Bail
of 498a and 31 of DV. 31 DV is not end it is trilled continue today.