BAPOO M. MALCOLM (Advocate and Empanelled Arbitrator Bombay High Court I 7809 OS 14436) 07 March 2010
S/138 needs an existing liability. Full stop.
Next, try malicious prosecution on the cousin. Teach him a lesson. Laws and courts are not meant for adventurism. Make him pay - heavily. Misuse of process, false charges, mental torture and pressures, cost of defence, loss of reputation, loss of business, opportunity costs due to loss of time, etc,. Throw the book at him.
BAPOO M. MALCOLM (Advocate and Empanelled Arbitrator Bombay High Court I 7809 OS 14436) 07 March 2010
It starts with theft of cheque. Forget breach of trust.
BAPOO M. MALCOLM (Advocate and Empanelled Arbitrator Bombay High Court I 7809 OS 14436) 08 March 2010
Further to my two postings yesterday, please check S/2.2 in Sale of Goods act Pollock & Mulla. It outlines the criminality involved.
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