Ni 138 appeal
Querist :
Anonymous
(Querist) 22 March 2018
This query is : Resolved
Dear friends,
here accused is convicted by trail court. but the actual fact is he is not taken any payment from the complainant, but he give the cheque and made a agreement for the security purpose of the third party. but at the time of court case dates accused didn't have any document to prove that the mentioned amount in agreement was taken by third party. but now he have the firm and original document with him that clearly shows that the amount (cheque) gives by the complaint is on the name of third person.
but the court already gives his judgement against him. now he want to appeal but he don't have money for 50% deposition in court.
please kindly give your valuable suggestions.. what and how to do for solve the matter...
P. Venu
(Expert) 23 March 2018
How you are connected to the accused?
Querist :
Anonymous
(Querist) 24 March 2018
sir i am only the accused.
P. Venu
(Expert) 24 March 2018
What was the defence adopted by you in the matter? Had you led any evidence?
R.Ramachandran
(Expert) 24 March 2018
Whether the accused gave the cheque on his own account, or for and on behalf of any third party, the fact remains the cheque got bounced.
The person who gave the cheque (for whatsoever reason may be) is liable.
Therefore, you have no defence. You cannot succeed in Appeal.
Guest
(Expert) 24 March 2018
The Bombay High Court has held that if a blank Post Dated Cheque which has been issued only as collateral security for a loan - bounces the debtor can not be prosecuted under NI Act Sec 138.. Honorable Justice B.R. Borkar Pronounced in the case of RUCCS VS Rajendra Varma in February 2010.
Guest
(Expert) 24 March 2018
The Honorable Judge also sadf " It is doubtful if provisions of Sec 138 is attracted to a Case in which a blank or post dated cheque is obtained by banker or money lender before or while sanctioning or disbursing the loan amount as security for the Loan ".
Guest
(Expert) 24 March 2018
You have a Good Case and discuss with Good Advocate.
Querist :
Anonymous
(Querist) 24 March 2018
Sir, in the judgement given by court, he is mentioned that "there is no fact which suggests that cheque given by complainant to clear loan of that third party and not the accused. no any sufficient evidence brought on record by the accused which find nexus in between a cheque given by complainant and submitted bank loan closer certificate of that third party."
Sir, previously i was submitted loan closer certificate but on that certificate only no dues is mentioned. but when i got result and read it, then i went bank with that third party, i get the new closer certificate form bank on this it is clearly mention that cheque details (such as bank name, person name, cheque number, date, amount ) as per bank record with the branch manager original sign and stamp. and i also taken a photo of that cheque which is given by complainant to the third party in complainant hand writing. now what i can do? please give me your valuable suggestions as early as possible.
Guest
(Expert) 24 March 2018
Discuss in detail with your Local Good Advocate.
Querist :
Anonymous
(Querist) 25 March 2018
Venu Sir, Ramachandran Sir, any suggestion........
Querist :
Anonymous
(Querist) 27 September 2018
R / Sir,
please suggest me the section or citation for my query is " There is an agreement made and as per money transactions mentioned in this agreement a issued cheque is also mentioned in that. but complainant use that cheque for recover another debt. and after bounce the cheque he had filed the complaint under act 138." can the complaint is valid???
P. Venu
(Expert) 28 September 2018
You are yet to throw any light on the defence adopted and the evidence, if any, led in defence.
