138 ni act

Querist : Anonymous (Querist) 17 December 2011 This query is : Resolved
I AM ACCUSED IN 138 NI ACT CASE.THE CHQ AMOUNT IS RS11 LAC.THE COMPLAINT HAS NOT SHOWN THIS AMOUNT IN HIS INCOME TAX RETURN.IS THIS THE SUFFICIENT GROUND FOR ME TO BE AQUITAL.PLS GIVE ME SOME CITATION OF SUPREMEM OR HIGH COURT THAT IS COMPLAINT HAS NOT SHOWN CHQ AMOUNT IN HIS ITR THAN 138 NI ACT IS NOT ATTRACTED.

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V R SHROFF (Expert) 17 December 2011
Income Tax Return is not sufficient Ground for acquittal, though it provide you defense.
If Complainant proves your Liability, it is enough for him.

Adv Shroff
17-12-2011

Adinath@Avinash Patil (Expert) 17 December 2011
Income Tax Return is one of Ground for your defence but it is not sufficient, you must prove complainant have no source of income to give you Rupees 11 lakh.

Sankaranarayanan (Expert) 17 December 2011
Hope u been given the above said amount by cheque so it implied u r liable for the same. The amount shown in income tax or not is different if he not shown then that is his headache

DEFENSE ADVOCATE.-firmaction@g (Expert) 17 December 2011
If liability is legal this defense is not sufficient for acquital.Some HC have gone to the extent in such matters that if not shown in IT the complainant can be penalised for that but accused can not escape liability.

There are many other technical grounds read every word of notice and complaint with a magnifying glass you will find one other lapse surely.

Power of defense is immense since it is power of negative. Darkness is perpetual , light has to be sustained.

Guest (Expert) 17 December 2011
The question arises, what is your concern with the IT return of some other person. The case does not relate to the accounting of cheque amount, but non-fulfillment of your liability. You cannot take benefit of this ground in your defence. Better search for solid ground of defence, rather than vague ground, like this.

DEFENSE ADVOCATE.-firmaction@g (Expert) 17 December 2011
Keep cool, scrutinize the notice, complaint and bank papers very minutely and you will find many faults. I have given complete simple techniques of cross for such cases in forum section which makes easier to win any NI 138 case.
Power of defense is power of negative which is immense. Darkness is negative but it is perpetual , light is positive but you have to make efforts to sustain it
Many suffer due to guilt complex imposed on them, throw it out and fight you will win, that is what Lord Krishana says to Arjuna in Shri Bgagwatgita.