Soma (ta) 30 August 2011
A mutual divorce has been filled by my sister-in-lawfor which she has demanded 5 lakhs.We have alreday paid her 2.5 lakh.But for the rest 2.5 lakh a post dated cheque was issued with a condition that when divorce will be done she will encash it.But the divorce was not done on the said date and we had done a stop payment.Now is is telling that she will file NI act 138.How valid is this law in our case.Please help us.
adv. rajeev ( rajoo ) (practicing advocate) 30 August 2011
Before filing NI Act case, it is necessary to issue notice to you. If she issued notice then reply her in detail
PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 30 August 2011
EVEN BEFORE THE DRAWEE SERVE ON YOU THE SATUTORY NOTICE, BETTER YOU ASK THROUGH LEGAL NOTICE TO RETURN THE P.D CHQ UNCONDITONALLY .
bhavin (ADVOCATE) 30 August 2011
no need to worry, as per the facts of your case it does not attract section 138 of The N.I. Act.
Advocate M.Bhadra 30 August 2011
To file a case u/sec.138 N.I.Act, it is mandatory to issue a legal notice,let then to issue a notice.otherwise you should try to divorce on mutual consent and pay by bank draft only.
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 30 August 2011
Never make the mistake of replying any NI 138 notice which means you admit cheque. Instead sent prior notice before presentation of cheque as suggested above.
Soma (ta) 30 August 2011
The girl has alreday issued a legal notice that if teh money is not paid within 15 days she will be filling a case u/sec.138.I am really confused what to do.Should we send her any communication regarding this in detail?
akash kapoor (*************) 30 August 2011
THE CONDITION OF DELIVERY OF NEGOTIABLE INSTRUMENT IS NOT FULFILED, THUS YOU NEED NOT TO WORY, TAKE A GOOD LAWYER.
REGARDS,
AKASH
ashok kumar singh (Advocate) 31 August 2011
agree with expert opinion, thanks
Akhilesh Maurya (Private legal practice) 31 August 2011
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 01 September 2011
NI 138, on stop payment on non fulfillment of condition
The correct process had been to give them a notice and then simultenously go for stop payment.
The alibi can be they were informed in the presence of two witness, as you are not so well versed with law.
Don't ya worry.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
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