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Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     01 March 2015

Sections 138 1nd 139 ni act

My friend ‘A’ sold an immovable property for Rs.20 lakhs. An individual ‘B’ known to ‘A’ was accompanying the purchaser all the time. After the deal was completed, when B saw A was getting so much money, he asked him to pay Rs.1.0 lakh as brokerage. There was no understanding between A and B for any brokerage. Further A felt that a brokerage of Rs.1.0 lakh was too high for Rs.20 lakhs. But B was a thug of the locality and so intimidated A and got a cheque for Rs.1.0 lakh. On the next day A gave ‘stop payment’ instruction to his bank. So the cheque bounced. In due course B sent lawyer notice to A to pay the amount. But the reason given for the payment was not the actual one. The notice stated that 2 years back A had taken a cash loan of Rs.1.0 lakh from B, When B asked for return of the loan A dillydallied for returning the loan and finally gave him the cheque for Rs.1.0 lakh. It is not clear why B did not mention the real reason for the cheque. Anyway it was utter falsehood that B had given a loan to A. There is no written document. B had only mentioned the names of alleged witnesses, which was also falsehood. The intention of B to give such false reason is not known. 1. If B goes to court, will he have to give the same reason as stated in the lawyer notice? 2. If A successfully rebuts the loan story, will he have to give to the court the real reason for giving the cheque? 3. If he gives the real reason and the court feels that he was liable to pay the amount to B for that reason, will A have any civil or criminal liability under Sections 138 or 139 as B himself had not claimed the amount on that account?


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 10 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     01 March 2015

Dear, Needles to worry .... He will not be able to prove that he is legally entitled to get the money .... You better reply to his legal notice mentioning that he has asked for money and since you were not willing to give money he fraudulently and forcefully had taken the cheque and therefore u have stopped the payment. Kapil Chandna Adv 9899011450

R Trivedi (advocate.dma@gmail.com)     02 March 2015

Its a tough call ! A thug in your locality comes and takes a cheque of Rs. x lacs from you, and you want the Hon court to believe that in your defense ?  Did you mention the same in Stop Payment notice to Bank ? Did you file the police complaint against him ? If not then, Sorry, things are not much in your favor on merit aspect.

Bhaskaran Advocate (Lawyer)     02 March 2015

The legal notice is the foundation where from the case starts and the same facts will be put before the court.  In your case the facts put forth by the complainant is what everyone puts while fighting cheque bounce case.  Usually the court decides in favour of complainant in this type of facts and case.

If you can put your own facts convincingly to the court then you can win the case.   But it is doubtful if you can put one.


(Guest)

How you are related with the case?

ashok kumar (Social Worker)     22 March 2015

DR RAMANI

WHAT MR TRIVEDI SAYS SEEM THE LEGALLY AUTHENTIC  ANSWER 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     22 March 2015

Thank you Advocate Kapil Chandna. Among all, you are the real client's lawyer. I have advised my friend to proceed in that manner. I am sure he will succeed.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     22 March 2015

I slightly changed the version. "My friend issued the cheque as loan. Later he came to know about the antecedents of the person from an associate. The associate warned that he would not return the loan. So my friend stopped the cheque."

R Trivedi (advocate.dma@gmail.com)     22 March 2015

Dr MPS Ramani PhD...

 

You are an educated person, the fundamental principle is to seek advise with, raw and truthful information, not with twisted information....I am not going to respond to any of your queries in future...

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     23 March 2015

Advocate Trivedi: Please do not take offence. I would very much need your advice in future also. My post was a very truthful narration, the same way I would have done if I were to go to a lawyer. As you can see many learned lawyers have answered my query. I got points from each one of them. In fact because of your warning only I slightly changed version. You can yourself see that. Thank you for your advice. Please give me your valuable advice in future also. Lord Krishna is my role model. If the enemy lies, you turn his lie to your advantage.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     23 March 2015

Shri Dhingra: As I have said the person who is facing the problem is my friend. I never get into such problems myself. All these years, I have never seen the inside of a court except in cinema.

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