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salila (student)     09 March 2024

Sec 138 ni act

SIR ,

      OUR FAMILY MEMBER HAS GOT LEGAL NOTICE UNDER SEC138 .AS PER NOTICE ACCUSED GOT LOAN OF RS 10 LACS IN YEAR 2018 AND CHEQUE IS BOUNCED IN SEPT2023.IN REPLY ,WE POINTED THAT YOU FILLED DUE DATE IN UNDATED CHEQUE .DUE TO STALE CHEQUE IS VOID AS FIRM HAS NOT GIVEN ANY REVIVAL OF LOAN. .OUR ADVOCATE SAYS DUE TO LARGE AMOUNT ,WE HAVE TO PAY TWENTY PERCENT IN TRAIL AND HAVE TO GET BAIL .WHILE FOR APPEAL 20 PERCENT IS APPLICABLE ,PERHAPS NOT IN TRAIL .WHILE CHEQUE [PRP FIRM CHEQE] ITSELF IS TIME BARRED.HENCE SHOULD NOT BE ADMISSIBLE AT THRESHOLD .PL GUIDE .THANKS



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     09 March 2024

The deposit amount is discretionary or directory and not mandatory. 

These days very few courts pass such orders. 

You may change the lawyer if he is not able to defend your interests. 

salila (student)     10 March 2024

thanks sir , in madras high court even in appeal it is ordered--the file of
Principal District and Sessions Judge, Erode, to deal with the issue
regarding exemption sought for by the petitioner in depositing 20% of
the compensation amount.

while case in hand shows p[rima facie element of time barred loan .

with regards

T. Kalaiselvan, Advocate (Advocate)     11 March 2024

The cheque,  if reportedly given recently then the acknowledgement will be from the date of cheque to bring validity to the loan. 

Hence you may have to very carefully challenge the case while keeping the limitation aspect as prime defence. 

salila (student)     12 March 2024

respectable T. Kalaiselvan, sir,

       as i stated chq undated given in yr 2018.as per notice words are ----you took money in sept 2018 and to repay you gave chqwith date sept 2023. being the chq from prop firm-he did not submitted other documents from firm side.

hence , no question of acknowlegement .in 2020 we had paid A PART OF MONEY .BUT IN LEGAL NOTICE -THE FACT IS NOT DISCLOSED .HENCE WE SHALL PRAY IN COURT TO DISMISS THE CASE AT ADMISSION .

WITH REGARDS
 


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