138 ni
kaya
(Querist) 21 February 2012
This query is : Resolved
FIRST CASE AT CHENNAI
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I GAVE CHQ FOR RS 25 LACS. CHQ LAST PRESENTATION WITH MY BANK IS AFTER 6 MONTHS.
1)CHQ DATE:15/05/2006
2FIRST PRESENTATION 26/05/2006
3)SECOND PRESENTATION 15/11/2006 THAT IS AFTER SIX MONTHS
4) LEGAL 138 NOTICE GIVEN ON 28.11.2006
THE SAME CASE FILED WITH MAGISTRATE COURT UNDER 138 ACT.
THE CASE WAS STAYED AT HIGHCOURT CHENNAI FOR A YEAR THERE AFTER
HIGH COURT DISPOSED THE CASE IS TRIAL STAGE , ADJUDICATION IS NECESSARY
HIGH COURT NOT INTERFERE AT THIS STAGE
ANOTHER PROBLEM IN THIS CASE THE SAME CHQ CASE. COMPLAINTANT
WITH INCLUNCE THEY INFIRMED POLICE AND ARRESTED BEFORE FILING THE CASE
AND FIR THEY MENTIONED THE SAME CHQ N FILED CHEATING CASE 420 AND 406
ARRESTED ME BEFORE COMING FM BAR. THEY ISSUED 138 NOTICE BY LAWYR
ON 28.11.2006
NOW CASE IS THE TRAIL STAGE. FOR 138 IN ONE COURT
SINCE FROM THE BEGINING COMPLAINTANT NOT PRESENTED IN COURT FROM 2007
ONLY THEIR ADVOCATES APPEARING MEANWHILE COMPLAINT DIED ON 13/01/2011
STILL HEARING GOING ON.
CRIMINAL CASE FILED BY POLICE THAT IS ALSO GOING FOR HEARING IN OTHER
MAGISTRATE COURT SINCE FROM 2007 IN THIS CASE ANOTHER TWO ACCUSED NOT PRESENTED
FOR CRIMINAL CASE I AM A 1.....
HOW CAN QUASH THE BOTH CASE PERTAINING TO THIS PARTICULAR CHQ BOUNCE.
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CASE NO 2
ANOTHER ONE CASE PUT UP CASE BY COMPLAINANT FRIEND WHEN I WAS INSIDE THE
BAR ALONG WITH OTHER SAME TWO ACCUSED.MYSELF I AM NOT GVN ANY STATEMENT
ANY LETTER AND 100 PERCENT NOT RELATED TO ME. IN THIS CASE ALSO HEARING FROM 2007
GOING ON . THE SAME CASE CONDUCTED BY POLICE.IN THIS CASE ALSO COMPLAINTANT PARTY DIED
POLICE ONLY CONDUCTING CASE. COMPLAINTANT SON IS FAVOUR TO ME. FOR YOUR INFIRMATION
ACCUSED OTHERS NOT PRESENTED FROM BEGINING. MY SELF ONLY REGULARLY APPEARING
OR MY ADVOCATE APPEARING. I AM THE A2
HOW CAN QUASH THE CASE OR HOW FASTWE CAN ASK FOR TRIAL. IF TRAIL COMES NOTHING
WILL BE PROVD BY POLICE. BECAUS PUT UP CASE.
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CASE NO 3
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AGAINST SUPPLY OF ONION I ISSUED CHQ FOR RS 139650 18.8.10 TO NASIK PARTY. THERE AFTER
21.8.10 PADI RTGS RS ONE LAC. BALANCE DISPUTE MEANWHILE STOP PAYMENT GIVEN ON 21.8.10
MEAN WHILE I RECVD NOTICE 04/02/2011 TOTALY HINDI LANGUAGE BY R P A D
IN THIS REGARD ON 04/02/2011 ITSELF I REPLIED I UNABLE TO UNDERSTAND THE
LANGA PLS TRANSLATE IN ENGLISH OR TAMIL AND SEND THIS LEET BY R P AD.
WHICH WAS RECVD BY THEM. AND ACKDGD
NOW I UNDERSTAND NASIK COURT LAWER THEY FILED CASE AGAINST ME
WITH COURT. AND GOING TO ISSUE WARANT BECE I DID NOT RECVD ANY SUMMONS
AND REPLY TRANSLATING NOTICE
I DID NOT RECVD ANY SUMMONS FROM THE COURT UNTILL TODAY. BUT MY FRIEND LAWER
CHECKD IF I AM NOT ATTENDING THEY ISSUE WARRANT WHICH NON BAILBALE.
BUT POST MAN WRITN REFUSED LIKE THAT THEY FILD CASE WITH COURT AT NASIK
FYI I UNDERSTAND CHQ WAS PRESENTED TO BANK ON 18.1.2010 AND NOTICE
ISSUED ON 31/1/2011 I RECVD LETTER 04/2/2011 AND SENT REPLY ON THAT DAY ITSELF
CHQ PRESENTED DETAILS NOT AVILABLE IN BANK STATEMENT BEC STOP PAYMET GIVEN 21.8.10
UN ABLE TO GET THE DATE. WE CHKD WITH BANK THEY ALSO INFIRMD
NBW.
PLEASE GV ME OPINION FOR THREE CASESFIR.
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DEFENSE ADVOCATE.-firmaction@g
(Expert) 21 February 2012
There are no of defenses for cheque bounce cases but the same has to be contested at trial court.
complete case papers needed to give proper advice.
V R SHROFF
(Expert) 21 February 2012
IT MUST BE CONCERNING YOUR COMPANY:
& Company must engage Class Defense Advocate to do needful.
This need detailed study of reason to issue cheque, that you never disclosed here!!
So Liability cannot be decided here!!
Raj Kumar Makkad
(Expert) 21 February 2012
1. Argue at the stage of charge framing and get discharged thereto.
If complainant has died, his lega heir can persue second case connected with this cheque so ensure notice to the legal heirs of the complainant and then get the matter argued at the stage of charge.
2. In this case, the son of the complainant can get the case comppounded against you and thus you shall be discharged.
3. As cheque got bounced on 18.10 and your stop payment instruction recd to your banker on 21.10 so cheuqe got bounced and subsequent notice not duly understood or replied.
Now have no other option but to go to Nasik court and seek your bail and then go for revision of this case as there was no valid debt against you on the day of presentation of the cheque.
kaya
(Querist) 22 February 2012
Dear sir mr raj kumar makkad
tks
third point in my third case chq presented on 18.01.2011 bot 18.10,2010 after giving stop payment n given rtgs one lac. they bounced chq instead of returning sir
thanks
kaya
(Querist) 22 February 2012
dear all thanks for the kind adv and immediate response. i will up to date after
hearing trial.
