Bhinda 13 June 2018

defences for complaint under sec 138 of NIA

I took part in village common land auction by bid .... i bid highest in auction of plot no. 2 which they announced to be measuring 5 kanal and some marlas which was alloted to me for one year .... i gave the gram panchayat a cheque of rs. 24000 at the end of auction ... but when i reached the plot and measured it it was less than 4 kanals ... i then requested verbally to gram panchayat to give me the possession of land to the announced extent i e 5 kanals and some marlas ... but they ignored .... i then stopped the payment of cheque and sent then a registerd post letter and informed them again about the facts and also informed that the cheque has been stopped by me until to redress the problem .... then even ignored .... later i sent them a legal notice by my lawyer that i was going to earn about rs 1 lakh by growing vegetables in that plot but their such behaviour would make me to bear loss of my income and they would be resppnsible to pay me for my loss .... now they have sent me a notice under 138 .... would their not providing me the promised extent of land made me free from liability under sec. 138 of NIA ?

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Raghav Arora 13 June 2018

Hi! Thanks for the question!

Yes, you can take the defence of Fraudulence/Cheating here. You will have to engage a very good lawyer here who has a good command over such cases. Though defending a notice under section 138 of NIS if very difficult, as you have initiated the matter, it should not be very difficult for you to prove yourself innocent and being unduly subjected to loss. Your cheque was also not realized, and before that, you had sent a notice through your lawyer, which will also be beneficial for you in the proceedings.

Good Luck!

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