Anonymous
25 October 2010 at 17:56
Tenant did not pay rent for a very long time taking advantage of the old age of the owners and after 10 yrs issued a cheque for the entire dues along with a letter stating that he is due and is therefore giving a cheque for the amount. There is no lease agreement after the initial one of 11 months. Cheque bounced and complaint was filed u/s 138 of N/I Act. In the court, he stated that the cheque was taken by force and that he has paid all the rents but no receipts were issued to him. He has also filed a false police complaint after giving the cheque that it was taken by force and with the help of goondas. No action was taken by the police. After all the court procedures, the judgement is going to be pronounced within a week. He keeps telling his lawyer and others that he has no money and not in a position to repay. What are the precautions to be taken by the complainant after the judgement is given in favour of the complainant to ensure that the accused does not escape and what happens if he does not pay the amount. If he goes on appeal, then how much he has to deposit in the court.
Anonymous
25 October 2010 at 15:57
I am in receipt of cheques issued by a company.
Company has stopped the payment of these cheques.
I have intiated the procedure to file a case u/s 138.
I have stopped the payment of cheques issued by me to company in lieu of refund of loan - till my due money is received either during the pendancy of court proceedings or after the case is finalised.
Can company file a civil case claiming the stopped payments are rebuttable (and I am asked to prove the debt during civil suit)?
Anonymous
25 October 2010 at 15:41
Notice issued by claimant (payee) but same is not perfect.
Neither refusal / nor acknowledgement receipt received for this notice for 27 days - except a letter from postal department that they are trying to locate the reigstered letter.
Notice draft reviewed by advocate / corrected and this corrected letter sent as a notice by advocate on behalf of claimant (payee).
Can case filed within 20 days from date issue of such notice - assuming that notice is received by the accused?
If no then wiat of howmany days?
Anonymous
25 October 2010 at 15:33
Notice issued u/s 138
Accused refused the notice.
Postal cover of ths 'Refused notice' opened by claimant before submission to court.
Can such open cover submitted as a proof of Refused Notice?
sushil
25 October 2010 at 12:08
respected sir,
i want to know an accused gets punshment in one case by court. will this punishment affect his other case?
thanks
Member (Account Deleted)
24 October 2010 at 23:06
thanks for your kind advice but dear sir there are certain more charges they have put against me as i am absconding from the arrest and i am not living in GWALIOR and case has been filed in GWALIOR. like one charge they have put against i is keeping illegal relationship with my cousin sister and they don't have any proof, without proof they are framing cock and bull stories,almost three months has been passed. police is also involved in this case since they are getting good money form my wife side and they have written in there report they my mother had beaten my wife against those scratch which had been made on the date of filing FIR.please advice me what can be done against my wife as my mother is so weak to beat anyone and i know her she even does not harm anyone but she is looking for a good amount from us.please help my family an i to get rid of this fake allegation i will be so greatful to you please help us and name some good lawyers of gwalior
Anonymous
24 October 2010 at 23:06
2ND NOTICE WITHOUT REDEPOSITING THE CHEQUE AS 1ST NOTICE NO PROOF OF RECEIPT.
I was working for a company before hospitalization after Heart Attack. Company refused to pay my dues till I repay my Loan – and insisted to hasten the installments / prepay part of the loan. I agreed to their suggestion.
Director of the Company visited my residence along with a guarantor to collect the Current cheque dated 13.09.2010 in lieu of total of 6 installments which were due 15.12.2011 onward and another 11 installments and issued two cheques dated 13.09.2010 for a value of part of Debt from my debtor and one cheque dated 15.09.2010 issued by a guarantor for balance due, with the verbal promise that they will encash the current cheque s after credit is received in my account in the bank.
They encashed my current cheque on 14.09.2010, But stopped the payment of all the three cheques. When approached they insisted that I pay current cheque for balance of Installments and then only they will consider my request to pay my dues.
After waiting for two weeks I re-deposited two cheques issued by company – got it bounced/ collected Bank Memos. I also visited my Bank for Conditional Stop Payment, but on insistence by Bank issued simple stop payment instructions for 11 PDC issued by me. To safeguard my interest I prepared the letter addressed to Company to inform them the decision of Stop Payment of 11 PDC issued by me giving reason i.e. their failure to pay me i.e. details of dishonour of 3 cheques and demanded the payments, were mentioned in the letter dated 29.9.2010.
I am aware that letter was delivered to company on 6.10.2010 – but till today I have not received the Acknowledgement slip i.e. I did not have a proof of receipt of notice.
I got issued one more notice – prepared by a qualified lawyer on 19.10.2010 – demanding payment of two cheques.
My question is
1) Whether my case get in validated due to issue of two notices ?
2) If 1st notice is received by the company – but in absence of any proof as regard to proof of service – I will be constrained to file the case based on 2nd notice. Whether accused can exploit this situation?
Member (Account Deleted)
24 October 2010 at 22:21
dear friends,
i am the victim of this 498-a and my entire family has been made victim what to do i have been charged of keeping relation with my own maternal sister,which is far from reality.they got published all cock and bull stories about me and my sister. my father and brother has been molested by police.and police personal kept on suggesting my wife that without any mark or injury they would not be able to launch complaint so it would be better if she could make some scratch marks on her forearm. what she did too.thanked god my entire family got the bail except i. now will i get anticipatory bail and how please inform ?
Anonymous
24 October 2010 at 21:04
The bank was requested to return blank cheques in its custody given as security and accept fresh cheques as the old account was being closed.
bank never returned the cheques and the account was closed.now the bank has deposited one of the cheque after a dispute and was returned for the reason 'A/c. Closed'and case filed u/s. 138 of NI Act.
Will friends help me with reference and links to judgements favouring the respondent/accused.
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