Defense in the matter of 138 n.i.act
ANIL KUMAR KAUSHIK
(Querist) 23 January 2018
This query is : Resolved
Sir, In case payment was stopped by accused due to no liability of payment and suffice balance was maintained in account .If there is any defense ruling ,let me know and oblige.In other hand complainant said in his cross examination that cheque was given by accused number 2 at another place weather other accused in case of company may be free from offence,
ashok kumar singh
(Expert) 23 January 2018
yes, the other accused may be free in case of company, 138 of N.I. Act cases, you have to take defense properly, as at first that there was no liability, at the second the said cheque given for some other purposes other than repayment of any liabilities, so far, at the third, the debt as alleged by the complainant, was not legally enforceable in term of the Law, and others.
it's depend on case to case varied therefore in absence of all the documents of your case, proper advise cannot derive.
ashok kumar singh
(Expert) 23 January 2018
if you are from kolkata, you can contact me.
R.Ramachandran
(Expert) 24 January 2018
There is no clear cut answer to your query.
Everything will depend upon what Reply you and others gave to the Notice received from the Complainant; and what reply you gave before the Magistrate when you received the summons in the case.
Adv. Yogen Kakade
(Expert) 24 January 2018
The query is lacking the clear facts.. please mention full facts to guide you.
Dr J C Vashista
(Expert) 26 January 2018
There are number of judgements available in such case, search yourself if you are an advocate, otherwise leave the job for your lawyer.
