138 n.i.act

The Accused was cross-examined at length and he has admitted the contents of letter dated 29-12-1999 in which the Accused had stated that their Company had outstanding dues towards the Complainant, He also admitted that the said cheques were issued towards the said dues towards the Complainant and had nothing to do with the IPCL. He also admitted that after the cheque was dishonoured the Complainant had issued a demand notice. He also admitted that on 15-11 -2000 he has sought 3 months time to make the payment and that he had issued a cheque dated 11 4-2001 for Rs. 75,000/- which was also dishonoured after it was deposited by the Complainant. He has further stated that though in his statement which was recorded earlier he had stated that their dues were in the range of approximately Rs. 5,00,000/-. He admitted that along with interest the dues would be above Rs. 8,00,000/-.

First of all I can assured you one thing, this cheque never ever presented by a banker without any pending dues/default amount.

If this is misused, I think this chques has been presented by any other person/compnay which is not the part bank.

You don't need to worry and ask about the due amount deatails and if ask to shows your stamp papers, you may plea in the court on the behalf of the blank stamp paper given date and cheque date (on which date bankers had present the chq) definatley there could be huge difference in the date.

Also demand the Statement of account and copy of agreement which you had signed at the time of loan taken.

if they will not able to show there documents means there is not base of demanding such a huge amount and if shows you ask about the transaction details (loan details which you had taken from bank) and fight on this amount which can be increased from rs. 2 lacs to 28 lacs in the period of 5-10 years.

thanks for ur expert advise. should he answer the  notice in below format or ??

Dear
AS far as i known i never had taken loan from xyz.this is conspiracy and i am afraid that i will take action against it.i am going to file case under section 120 and 420 of IPc .your client has misused my cheque which was never given to him and as account was closed.
thanks
xyz

please help

Better appoint one lawyer to defend your case rather than writing yourself.  What you have written is not sufficient and here we cannot explain what is to be written without perusing the record with you.  So please engage one counsel to defend your case.

well Mr Chandrashekhar you have done your home work dillegantly regarding the accused giving his deposition.

How ever it was not a wise step , in criminal cases the accused has to demolish the complainant s case and he or she do not depose. Many admissions come in cross which are always fatal.

In the instant case though the HC has refered admission but has taken liberal view.

Any way keep you study , doing well.

thanks for your advise. is it wise not to answer notice and when case come in court then taking help of expert lawyer. im saying thisbecouse 15 days will be over tomorrow and to get good lawyer it will take time .