138 ni act

sandeep (Querist) 13 August 2012 This query is : Resolved
Respected EXPERTS,
that he is my family friend.he has no handwritten documents except cheques.

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ajay sethi (Expert) 13 August 2012
reply to legal notice deny that 3,50,000 has been received . state facts of case . contact local lawyer

Guest (Expert) 13 August 2012
In your views, can he show his valid income resources and valid mode of payment of huge sum of Rs.35,00,000/-?

sandeep (Querist) 13 August 2012
In my view,he can not show his valid income resources.

ajay sethi (Expert) 13 August 2012
he will have to show how 35 lakhs was apid to you . source of income . you have to denty receipt of large sums in cash . both will be in trouble with IT department

sandeep (Querist) 13 August 2012
no documents..........

sandeep (Querist) 13 August 2012
there is no receipt..........

Guest (Expert) 13 August 2012
You have also not stated, how much you received by cash and how much by cheque.

sandeep (Querist) 13 August 2012
he has given me the amount(7 lac)through cheque only.i too paid him interest and base amount through cheque.

Guest (Expert) 13 August 2012
You seem to be worrying unnecessarily. He will have to prove if he paid you Rs.35 Lakhs and also to prove the resources out of which he paid such a huge amount to you.

H. S. Thukral (Expert) 13 August 2012
Unaccounted money loaned has been held as no legal enforceable liability by Mumbai HC. There is so far no SC Judgment. All the same it is good defence.

sandeep (Querist) 13 August 2012
plz help me,what will be the line of def fence,he has no document except cheque.

prabhakar singh (Expert) 13 August 2012
All said all good but You state you received only 7lakh by cheque and paid back the same by cheque with interest,then how he blackmailed you to issue a cheque of 35lakh is a story still untold by you.??????

Guest (Expert) 13 August 2012
Sufficient defence cpoints have already been suggested by various experts to you. In NI case, you will have to hire services of a knowledgeable lawyer in NI matters at your own place. In any casual consultancy the experts can only suggest you some hints for defence in brief only, which they have already suggested you.

sandeep (Querist) 13 August 2012
he had cheques,which i issued him for seven lacs,,,,,,,,,

prabhakar singh (Expert) 13 August 2012
Still not clear.
What compelled you to do so?

He has 1 cheque of 35lakh or several cheques totaling to 35?
If several,how many and of what amount?

They were blank or filled with amount and dates?

sandeep (Querist) 13 August 2012
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prabhakar singh (Expert) 13 August 2012
None shall follow this explanation.Nothing was possible against you.Any way let him prove that he had so much money accounted and advanced the same to you.
You need a good lawyer for his cross examination.