section 138 ni act
Querist :
Anonymous
(Querist) 15 February 2011
This query is : Resolved
Hi Sir,
I am vinod, 25 years old i started business DS-TECHNOLOGIES (software company) all alone when i was 22 years old.In very short time my company grew to a level of 58 engineers (employees). I had 2 of my friends as working partners with no written agreements .1 year back the 2 friends whom i believed a lot cheated me to the core misused the company money made me completely bankrupt. Now i left with nothing neither respect nor money, they have en cashed nearly 40 lacs. I am not bothered about my loss.
Now the problem is they have stolen 2 blank cheques signed by me , and started blackmailing me, finally they dishonored one cheque (8,25000/-) and filed a case against me under section-138 NI act. and now they are demanding 20,00,000/- to with draw the case and in case if i dont pay they have one more blank cheque by that will do the same as the previous cheque.
Other than these 2 cheques no cheque dishonored in my account that is the only evidence i have with me, Keeping this evidence can i fight the case?
Please guide me how to proceed with it.Do i have any possibility to teach them a lesson?
Hoping for your valuable guidance
pritamsaini
(Expert) 15 February 2011
you should intimate your bank as well as police about second cheque is stolen.About dishonored cheque you should give reply about no outstanding against you.Moreover defense depend on complainant version.in the absence of detail i cant help you so send copy of complaint and legal notice.saini.pritams@gmail.com
DEFENSE ADVOCATE.-firmaction@g
(Expert) 15 February 2011
Cheque bounce is offence but you can come out of it.
1) Complainant in over confidence makes mistakes in giving notice, framing pleadings in complaint and documentary evidence.
2) You can take advantage of these mistakes by timely action and expert cross examination.
3) Courts can not give decision beyond documents, pleadings and result of cross examination. So accused be ready and prepared to fight at every step.
4) You have to be alert from day one once the time slips no body will listen to you.
5) There is limited scope in revision and appeal to higher courts unless there is basic flaw so be prepared to contest with full efforts at trial stage.
6) You must take and use not only expert but hard working legal assistance from beginning , normally most people do the reverse and than suffer.
7) Many people suggest dismissal and quash applications , which are not useful. Once the process is issued you have to face trial. But you can go higher courts at intermediate stages by raising various questions available in law to the accused.
Amit Minocha
(Expert) 15 February 2011
first they would have to prove that you owed them some debt only then you can be held liable for the cheque offence.
Secondly, you should have replied to their legal notice mentioning the true facts.
Also send them a notice relating to blank cheque with a copy to bank and local police.
Further as you say that you have proofs of withdrawal upto 40 lac by them, it would also support your case as they have to show lending / supplies / services to you before holding you guilty for the chq. amitminocha@yahoo.com
