Status of Offense

Aseem Vaishya (Querist) 19 December 2017 This query is : Resolved
I had landed Rs.200000 to a known family friends last two years back by cheque. He did not returned my money on expiry of due date. My cheque was bounced due to insufficient funds My lawyer served notice to him but mo reply/ action received.

Then we served notice of demand and we lodged the complaint in District court, after that accused deposited the sum of Rs.2 lacs straight in my account by RTGS| without in my knowledge and produced his bank statement proovinng the transaction.

I do not want to accept the Money without penalising him with interest, Court Exp. Etc..

Please guide me , if money is deposited (cheque Value) in my account, without my consent what will be the status of offense under NI Act?

Thanks and regards

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P. Venu

(Expert) 20 December 2017
What is the opinion of your advocate?

Dr J C Vashista (Expert) 21 December 2017
The accused has already responded to notice within stipulated period of 15 days by refunding/payment of cheque amount, there is "no" cause of action for attracting provisions of Section 138 of The Negotiable Instruments Act, 1881.

Dr J C Vashista (Expert) 21 December 2017
Why do you want to proceed against the borrower in this situation?

Dr J C Vashista (Expert) 21 December 2017
What is the opinion and advise of your lawyer who has helped and managed your money back legally?

Kumar Doab (Expert) 21 December 2017
You may respond to the points raised by Mr. P.Venu, Vashistaji.

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