Section 138 nia & 420 ipc
SANJAY
(Querist) 29 May 2012
This query is : Resolved
Sir,Please read this case and give appropriate advice.
“My Brother took total Rs.1,32,000/-from one person (from Feb,2008 to Nov 2009in different breakups) to start his business .my Brother gave him four blank cheques (Without any date and amount) .my brother had gave him Rs.2,68,900/-till September 2010 in Installment .After that my Brother stopped giving him money due loss in business and giving him large amount every month.Then that person started harassing and threating my brother.Then my brother complaint in office of the Dy.commissioner Police station and police informed that person about the complaint .That person filled Rs.6 lakhs and write 28 oct 2010 on one the given blank cheque and dropped it without informing my brother.that cheque got dishonored due to insufficient amount.that person hired on advocate and filed case against my brother under section 138 NIA & 420 IPC,My got first notice on Nov 2010 and second notice in May, 2012 .Now my brother is called in court in July 2012.
Kindly look at the matter and give legal advice as soon as possible
Sanjay
Sudhir Kumar, Advocate
(Expert) 29 May 2012
It is your brother who signed cheque.
Your query is vague as it does not specify the rate of interest and the security for the loan and if the complainant has a money lener licese. How an amount of Rs 1.32 lakh can swell upto Rs 2.68 lakh in 2 years.
Your brother should either prove that he was not liable to pay the amount filled or pay the amount.
In July 12 your brother should attend court with bail application and sureties present in court in persons or he goes to jail.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 30 May 2012
Appear in the court apply for bail which you will get than contest the case , you can surely win the case.
Shonee Kapoor
(Expert) 30 May 2012
Get bail and fight the cases on merits.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
DEFENSE ADVOCATE.-firmaction@g
(Expert) 31 May 2012
It is easy sure and simple to come out of any NI 138 cheque bounce problem since the complainant make many ,many, and many mistakes in over confidence and accused loose because of misconceived , immature advice. firmaction@gmail.com
