N IACT 138
Nand kishore
(Querist) 15 August 2010
This query is : Resolved
Dear Experts, I want to know that if A cheque given as Security under a sale of a vehcle under condition that the purchaser, after getting all the transfer documents ,will return the cheque with due amount, an written agriment was also made for this dealing in front of 3 witnesses. After getting the transfer documents the buyer applied for transfer of vehicle in R.T.O Office .and didnot returned the due amount and the cheque (security) to the seller. he (buyer) filed a suit against seller makig him defaulter of some coal payments by the same cheque (given as security). Uder trial he didnot proved his dues of coal and any business with seller and also accepts the deal of vehicle and too accepts the cheque as security. But after all these the court charged the seller guilty u/s 138 of N I Act. SIR, I want to know whether seller is really guilty and if there any remedy for him ?
Devajyoti Barman
(Expert) 15 August 2010
On the facts available I think the judgement is totally misdirected. Made challenge of the judgement immediately. The higher court in all likelihood will set aside the conviction.
s.subramanian
(Expert) 16 August 2010
Yes. YOu do have an excellent case.Good Luck.
Silabhadra Sastry Advocate
(Expert) 16 August 2010
Dear nanda Kishore jee pl clarify that wheather the magistrate has taken cognizance of the case after initial statement recorded before him or the final judgement has come up.In case of cognizance taken after initial statement of complainant,if your client has been summoned to court then after appearance in court you can moove to your High Court u/s 482,asking for quashing out cognizance or you may face the trial and go with the defence of no liability,as many cases are there.But if you have taken the plea and magistrate has still convicted then you may go in appeal,which you will win.Regrds Silabhadra Sastry , Advocate,Bhubaneswar mail shastry.adv@gmail.com
Silabhadra Sastry Advocate
(Expert) 16 August 2010
In stead of investing hudge money for AIR or Manu Patra CD,you can buy CD of STPL(www.stpl.com)which will give you Privy council,AIR,SCC,Crl LJ,COnsumer etc.But begin to subscribe AIR which is identity of a lawyers chamber, and if you get old journals from any retiring advocate,then go for it,which will be cheaper,moreover without having books in chamber it will not identify the lawyer as Hathike Khane ka Dant aur Dikhaneka Dant alag Hota Hey.Regrds Silabhadra Sastry,Advocate,Orissa High Court
DEFENSE ADVOCATE.-firmaction@g
(Expert) 16 August 2010
The querry is that the court has given guilty verdict.
So go in revision before Session court , good case for aquital.
