138 ni please help
vikas
(Querist) 29 September 2013
This query is : Resolved
since my father has left the house one year back,i have given missing complaint to my near police station but against the complaint they just take my bayan and then in the report they have written that i have written that last time i talk to my father on phone and he said he is in the market so the police says in their report that give the complaint to market police station and when i go to market police station they did not accept the complaint so what should i do it is about a year i have given the complaint to my nearer police station so is it enough that i have given the complaint to my police station or what else should i do the complainent has also filled a 138ni case against my father but when summons came on 26/08/13 at my house we just gave a copy of missing complaint to him and we did not sign on any paper and he goes away now what would happen and what should we have to do if a warrant is issued please kindly help
V R SHROFF
(Expert) 29 September 2013
VIKAS ::::::::::::::;
U R NOT WORRIED ABOUT WHEREABOUTS OF YOUR FATHER. [You know y]
But u r worried abt "what would happen and what should we have to do if a warrant is issued , against ur father in N.I. Complaint."
U know there is complaint.
So u know the Amount ur father is liable to pay, and left with you to enjoy that fund .
u know from Bank Statement/ Pass bk too.
U know dt of complaint/ notice, and whether ur father is missing thereafter or prior to Cheque bounced?
I presumed the Amount must be Good enough that ur father need to ABSCOND for avoiding this payment/ trial.
But you preferred not to disclose it. O.K.
Court will declare your father " ABSCONDED"
means "WANTED", and unserviced NON BAILABLE WARRANT will continue till he is found.
However, you need not worry abt 138 NI.
Sudhir Kumar, Advocate
(Expert) 29 September 2013
Once he is declared absconder and if there is also a NBW then police can take any (or all) members of family in custody for interrogation to know his whereabouts. They can harass you very well.
It is very age old trick to hide from criminal trial.
Sudhir Kumar, Advocate
(Expert) 29 September 2013
connect http://www.lawyersclubindia.com/experts/police-calling-at-police-station-against-complain-without-notice-326711.asp
prabhakar singh
(Expert) 29 September 2013
Gaps are always filled is not only a theory but is seen in every field. Mr. Sudhir has proved so finding repeated queries adeptly as in past Mr.Shah used to do so .
Rajendra K Goyal
(Expert) 29 September 2013
Well advised by the experts, nothing more to add.
R.K Nanda
(Expert) 29 September 2013
AGREE WITH EXPERTS.
V R SHROFF
(Expert) 29 September 2013
NOTHING TO ADD.
except EXPERT'S POINTS;
V R SHROFF
(Expert) 29 September 2013
u sold machine of 11 Lakh, wh u purchased with promise, not to sell till you pay for it.
It is cheating, and seller can use PDC to recover it . As u executed AFF for same, and after sell, absconding within a week, and stopped payment, The case goes against u.
REPEATED QUERY.
NOTHING TO ADD MORE.[ Except to add EXPERTS POINT!!
AGREE WITH xxxx.
AGREE WITH EXPERTS.
STATE FACTS CLEARLY.
STATE FACTS CLEARLY.
AGREE WITH EXPERTS.
NOTHING TO ADD MORE.
CONTACT TAX LAWYER.
HOW MANY REPLY OF SUCH TYPE IN A DAY/ ALL OVER??? 90%??
WILL LCI ADM DEDUCT ALL SUCH POINT GATHERED BY ANY EXPERTS?? . with penalty???
No points unless it add to knowledge of Querst!!
Querist must be benefited by Reply, then only Expert is entitled to a Point.
We reply property, a meaningful one, to earn a points. FREE EVASIVE REPLY IS do not make sense .. LCI too should make Expert more responsible. , by policy of NO POINTS , for such evasive & Useless reply... !!
That such reply deserved to be shredded and thrown in DUST BIN...
