Ni 138
Querist :
Anonymous
(Querist) 22 December 2011
This query is : Resolved
I have issued one PDC cheque to my friend. In the meantime there was an Incometax attachement of my Bank Acct. Due to that given cheque got Bounce. My friend has put up a case on me. Pl. guide me what to do in that.
A V Vishal
(Expert) 22 December 2011
Since you have a reasonable cause viz.attachment by the Income Tax Deptt, you may plead not guilty and agree to deposit the amount with the court. You have stated that the case is filed has n't he served you with a notice and if he has what was your reply to it.
M.Sheik Mohammed Ali
(Expert) 22 December 2011
yes, you send the notice to him nature of the fact details and inform not bind to any steps against you
DEFENSE ADVOCATE.-firmaction@g
(Expert) 22 December 2011
Plead guilty advice is immature , the accused will be convicted and will be sent to jail unless conviction is stayed and if fined also , jail will be stayed only after payment of fine.
ajay sethi
(Expert) 22 December 2011
are you in a position to make payment now ?
is your friend willing to accept payment now?
if your friend is willing then make an application for compounding of offence , deposit the amount together with compounding charges .
Deepak Nair
(Expert) 22 December 2011
It is advised to pleaed NOT GUILTY by Mr. Vishal.
You have a valid defence of attachment by IT Department, which is out of your control.
Since the case is already filed against you,as you said in the query, there is no use of sendig any notice.
Try for an out of court settlement by amicable discussion.
If you are willing to pay pack, then a sincere communication with the Complainant can help you out and save you from regular trips to court.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 22 December 2011
Even SC directive is there for compounding still first take consent order than deposit money,if complainant do not agree for compounding you will be caught in wrong foot.
Guest
(Expert) 22 December 2011
If bouncing of cheque is not on account of shortate of funds in the account, your case is strong, as dishonour of cheque would not be on account of your fault, the account having been attached by the IT department.
But, the question arises, how would you prove that the cheque was issued as a PDC earlier than your account was attached, unless your friend admits that he received the cheque as a PDC?
Guest
(Expert) 22 December 2011
Dear friend,
if this matter belongs to Delhi/ NCR then feel free to meet/ contact me personally to proceed further.
Manoj Kumar,
Advocate,
Delhi.
Ph: 09310443650
advocates.agra@gmail.com
Sankaranarayanan
(Expert) 22 December 2011
yes i do agree with all experts opinion. mr manoj kumar will help you regarding your matter
Devajyoti Barman
(Expert) 22 December 2011
Yes rightly advised.
Do as advised by the experts here and do not waste time any more.
Raj Kumar Makkad
(Expert) 23 December 2011
The aforesaid case is not maintainable on two reasons viz. the closure of account is beyond your control and second closure of account do not invoke 138 NI Act. There are hundreds of court verdicts on both these points. You should file an application before trial magistrate to discharge you.
Shonee Kapoor
(Expert) 23 December 2011
You can not be convicted, as the non-payment are for reasons beyond your control.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
PS: appear in court and agree to a time bound payment.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 December 2011
Once the process is issued no discharge is permissible in cheque cases.
And suppose what you say is correct than what you were doing after receipt of notice. You should have made payment.
prabhakar singh
(Expert) 23 December 2011
You state that your friend has put up a case on you.
Then Mr.JSDN has a valid question why did not you pay him with in 15 days after service of demand notice??
Was the attachment of a/c in force at then also????
Please clarify!!!
