Ni act - criminal liability
Bhumika
(Querist) 09 July 2017
This query is : Resolved
Our family friends borrow a sum of rs.28 lacs. While he failed to pay in time he issue 4 cheque in favour of my mom. The cheques bounced after notice we filed complaint under ni act. During the proceeding after setllement he again issues 4 new cheques with the promissory note and MOU . And in MOU it is clearly shown that all cheques are issued to discharge a legal debt.
Does Bouncing of this cheques attracts no act section 138??? Or
Is it a civil matter? please guide......
Satya nand aggarwal
(Expert) 10 July 2017
Please mention the dates of old cheques and date of withdraw of earlier complaint as well dates of new cheques
Bhumika
(Querist) 10 July 2017
Our family friends borrow money from my mom.but he fails to pay loan so he issued four different postdated cheques for total amount of 28@ Lacs. He again fails to pay. So we lodged a complaint under 138 of ni act. During this proceedings he insist to compromise . And on the condition of instant payment of 1 lac cash and post dated cheques for remaining amount
He was agreed sobWe withdraw thecase
But he again cheated us. He gave only 50,000 rs instead of rs one lac. And issued a check for 50 thousand . And four other cheques.
The all cheques were post dated with the time gap of one month in each
We withdraw the case on
January 2007
And he issued the cheque with following details
1.Amt.50000. Dt. 1 Feb 2007
2.Amt. 800000 Dt. 1 march 2007
3.Amt. 800000 Dt. 1 april 2007
4. Amt 800000 Dt. 1 may 2007
5 Amt 300000 Dt. 1 June 2007
Along with the cheque he issued a promissory note in favour of my mo. We both the parties made notarised MOU . In the MOU our friend clearly stated thaet he is bound to pay the said cheque amount to discharge of legal debt.
All cheques bounced again. So we lodge complaint for each of the cheques. In 2007 which is pending before the megistrate. But after the years now our advocate said that it is not the criminal liability of the opposite party because the cheque was issued in the compromise. We have to approach civil court.
It is not the criminal matter because opposite party issued cheque for the amount of compromise, not for the legal debt.
Now my question is
what should we Do?? should we wait for the court order??? should we file a civil suit? if yes what about the years and money we spent in this proceedings???
My mom is waiting for her money from last 18 years .... after 18 years when there was a hope that we will get our money after the 18 years fight. but as our advocate said that we felt down because the filing of civil suit means..... waiting....waiting...... and waaiting......in last you will get nothing............
Dr J C Vashista
(Expert) 11 July 2017
Seek advise of your lawyer if the story is true, which is prima facie a fabricated and concocted.
