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vivek mathuria   18 August 2016

ni 138 defence

a person lend me 1lac via his daughter bank account, 2lac of his own bank acc.,1lac of his another acc., now i had given blank cheque.i fail to pay intrest,he filed 138 for rs 5 lacs, any remedies,please?


Learning

 10 Replies

Ram   18 August 2016

Go and settle immediately ,blank cheque band baja???

Advocate Bhartesh goyal (advocate)     18 August 2016

You have no defense,blank cheque means giving him authority to fill

Advocate Bhartesh goyal (advocate)     18 August 2016

You have no defense,blank cheque means giving him authority to fill

Advocate Bhartesh goyal (advocate)     18 August 2016

You have no defense,blank cheque means giving him authority to fill the amount as per his desire,go for settlement.

Advocate Bhartesh goyal (advocate)     18 August 2016

You have no defense,blank cheque means giving him authority to fill the amount as per his desire,go for settlement.

vivek mathuria   18 August 2016

Can he demand the amount given to me from his daughter s account

vivek mathuria   18 August 2016

Can he demand the amount given to me from his daughter s account

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     19 August 2016

If you have issued only one cheque worht 5 lakhs then his case is not maintainable. The legallyr recoverable liability towards him was just 1 lakh and hence by depositing the cheque of 5 lakh in his bank account, he himself is guilty of attempt to unjust enrichment.  He cannot prosecute a complaint u/s 138 of the NI Act on account of the amount you owe to his familty members.

The case is not maintainable.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

jyotirmaya behera (advocate)     19 August 2016

Sec. 138 of N.I.Act, it is clearly mention that you are liable to pay the money and you give him / her the cheque for that and that cheque has dishonor then its amount to Sec. 138 of N.I.Act.

What amount you have to liable to pay?

For which propose you have borrowed the money?

Have there any existence of agreement?

When you have received legal notice?

What replied you have given to the legal notice?

How much amount you have already paid?

 

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

9861819294

Vinod shah (legal assistance for victims of system. findjobs02@gmail.com)     19 August 2016

The complainant may claim that he gave you the whole money so you have to defend with a good advocate.

 

There are procedural mistakes which only an expert advocate can help to get its benefit.


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