138 N I Act.

mahendra rai jain (Querist) 15 August 2009 This query is : Resolved
Sir,
A case was pending aginst my client u/s 138 NI Act.before the court amounting 16000/- but my client have two cheques (SELF) issued by complainent to him but he didn't initiated legal procedings according to cheque in time and he is also unable to go for civil suit because of lack of courtfees and other fund. will he present the same in already pending cpmplainent for the puopose of defance?? is there any law?

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mahendra rai jain (Querist) 15 August 2009
The amount of two cheque is 36,000/-

Kiran Kumar (Expert) 15 August 2009
Mr. Jain,

how will u take defence out of cheques which are issued SELF?

well u can build a counter story but u ll have to prove the same.

the cheques u r reffering must be out of some separate transaction so in my opinon NO, they can not be used as defence.

Lets c what other friends would say.

mahendra rai jain (Querist) 15 August 2009
Yes Mr. Kiran, I am also on this view, actually wen my client receive the notice for demand I have mentioned a transaction story in reply of that notice but it is not necessary that it will become helpful or not .

Adinath@Avinash Patil (Expert) 15 August 2009
Mr.Mahendra You have build your defence by replying notice .You sould be confident .I think you can proove by production of cheques which you have mentioned in you reply and adducing oral evidence.