138 n.i.act
johny
(Querist) 16 April 2012
This query is : Resolved
i got notice under 138 ni act .i was in business and i get service from that firm.total due was 5 lac and after interest it is aroung 6 lac. i really want to pay but i dont have any resources to pay back.i got serious losses in business.it will take 1 or more year to recover my condition then only i can payback.please advise....
company dont want to give more time .its not their fault .i dont find any way .either i declare my self bankrupt or what? really want to pay but dont have any source right now.my intentions are not wrong. please suggest me what to do....
M.Sheik Mohammed Ali
(Expert) 16 April 2012
if you can possible to speak for amicable settlement to you said firm ? or face the case.
jeevan1950
(Expert) 16 April 2012
yes I also agree with Mr. M.Sheik. go for settlement as the court wont wait for it. u pay or face trial!
G. ARAVINTHAN
(Expert) 16 April 2012
Try for settlement within a reasonable time
DEFENSE ADVOCATE.-firmaction@g
(Expert) 16 April 2012
Get proper legal service so that the case will go on for some time till you sort out things.
As a rule complainants make lot of mistakes in filing case and framing pleadings and complainant do not win but accused loose due to fear and guilt complex in cheque bounce cases.
johny
(Querist) 16 April 2012
they are not ready to give more time.they r right on their side.my problem is that i really dont have money .either to declare bankrupt or go to jail.thats only way for me right now.i know i will be able to repay them in a year or so but now............please advise
ajay sethi
(Expert) 16 April 2012
contest the case . atleast in mumbai contested trial takes time . you will easily get more than a year . in section 138 you are liable to pay dishonoured cheque amount . it is not recovery proceedings . if you are unable to pay complainant will settle for principal amount
Shonee Kapoor
(Expert) 16 April 2012
I agree with Ld. Sethi. Negotiate while fighting the cases.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
C. P. CHUGH
(Expert) 16 April 2012
In case you are really interested in making the payment in due course, plead guilty before the court and ask for remission of liability in instalments. courts are generally helpful in such matters and it shall convince the complainant to admit a settlement on prolonged instalments basis.
Otherwise you can also approach Lok Adalat for settlment of complaint in instalments.
Even otherwise, if you decide to face the trial, a good advocate, can prolong the matters for years together, not to speak of one year.
Raj Kumar Makkad
(Expert) 16 April 2012
I endorse the views of Chugh. It is now easy to plead guilty and then to negotiate on the repayment procedure or you face trial and meantime after your position becomes sound, you can admit the claim and can get the case compunded by paying 10% extra amount.
johny
(Querist) 17 April 2012
thanks sir.i have to fight this case in mumbai please suggest good lawyer ,im from delhi and dont know anybody in mumbai.secondly if pay them in a year (im sure ill do that in a year) ,n i say to court that im paying my due amount will court still can give me imprisonment with fine?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 April 2012
NI 138 is criminal case and not civil case for recovery.
So YOUR SELF AND ALL OTHER ACCUSED FACING SIMILAR PROBLEMS do not do the HARAKARI of pleading guilty, there will be conviction and no instalments.
Compounding is separate issue where both parties should agree than only SC directives will be applicable.
CONTEST THE CASE SO THAT YOU WILL GET TIME AND MEANWHILE YOU CAN SETTLE ON YOUR OWN TERMS.
YOU CAN EVEN COME OUT OF IT.
SAINATH DEVALLA
(Expert) 17 April 2012
Dear Jhonny,
You are not in a position to pay back the money,and you do not want to face court.Is it not rediculous.With due respects to the comments of the experts,I side with JSDN in my views.Face the charges,engage a competent lawyer,well experienced in NI Act and defend yourself.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 April 2012
I have all the praise for defense advocates particularly for cheque cases since it needs expertise and hard work but still easy to win any cheque bounce case.
Mr Devalla please go on keeping the moral high of the accused in such matters.
