138 ni act
gaurav
(Querist) 17 July 2010
This query is : Resolved
sir one person has lent around 4-5 lakh each to around 50-60 persons who are govt employee in cash and now he has filed complaint case under sec 138 n.i.act.he does not have moneylending licence and doesnot show that loans in his incometax return.he does nt have any source of income 4m where he can substantiate that money amounting 2-3crores.in one of case we have asked him in cross about these cases and he has admitted the same.nw the matter is in final arguments.is there any citation abt legal enforceability of debt and nw is there any legal remedy available like writ or any other remedy which helps us in proving that debt is not legal.plzzzzzz help us we are poor govt officers in clerical grade and that person has misused 138 by filing arbitarily amounts
adv. rajeev ( rajoo )
(Expert) 17 July 2010
You have got good case contest the case on the ground of money lending licence and produce all the certified copies of the criminal cases filed against the other persons u/s 138 of NI Act./
A V Vishal
(Expert) 17 July 2010
one person has lent around 4-5 lakh each to around 50-60 persons who are govt employee in cash and now he has filed complaint case under sec 138 n.i.act.he does not have moneylending licence and doesnot show that loans in his incometax return.
Your statement is confirming that he has indeed lent money, did you check whether he has a valid money lending license while borrowing the amounts or his sources of income or whether the money is white or black? Secondly it is his problem if he has not declared the loans in his return of income. He must have filed the 138 case only if your poor govt officers in clerical grade have not returned his money, I suggest that poor govt officers in clerical grade be atleast be honest in repaying to the person who has helped them in their hour of need.
Arvind Singh Chauhan
(Expert) 18 July 2010
You have two option either to contest on the ground that there is no money lending license or to approach High court on the same ground under Sec 482 Cr.P.C. to quash the proceeding.
Find the attachment/ ruling in your favour.
