138 NI Act Part payment taken before cheque put for payment
amit
(Querist) 24 April 2015
This query is : Resolved
I took loan from unknown party through Finance broker on interest ( without any written agreement )
Broker took BLANK DATE security cheque from me, He was taking interest and some payment out of principal But all by way of cheques ( without giving any receipt)
Later on he started black mailing me, but I refused and hence dispute between us
Finance broker to take revenge from me asked party to put my security cheque for payment in bank
I stop payment the cheque
Party served me notice u/s 138 of N.I ACT claiming full amount of cheque without taking into consideration of payment made
I replied the notice
He filed the case against me in court for full amount hiding the fact of taking Part payment
He also hide this fact in his affidavit
Please suggest what to do and how to proceed
Please also suggest some latest judgment ruling
Rajendra K Goyal
(Expert) 24 April 2015
No reply to professional / academic query.
Guest
(Expert) 24 April 2015
Why there is any need of judgments, when you must be having a proof of payment? About how to proceed, just defend your case on merits. When you fight the case, your own lawyer would get hold of any judgment, if he felt any need for that when he would not be able to fight your case on merits. Good luck!
In fact, there seems nothing of any fact, except an academic query of a student in the guise of a proprietor.
amit
(Querist) 07 May 2015
Respected experts
I am asking you for help & ruling cause in spite of major payment made, my lawyer is insisting on settlements, he also said that lower courts are in habit of punishing accuse even if had a strong case
I want to provide my lawyer with ruling and will ask them to present before court, and rest to be decided by destiny
amit
(Querist) 09 May 2015
Please guide
