Negotiable instruments act 138
puneet basnal
(Querist) 11 October 2016
This query is : Resolved
my father is working in Punjab state govt. department(pspcl)my father has filed a case against a lady working in his department of sec 138 in bathinda chief judicial magistrate. Later we came to know about that against that lady , 7 more cases of sec 138 in same court are filled by different persons and financiers. And one case is filed in other district, where the settlement is done after paying the money back in lok adalat by the lady to the person. It seems that she makes this as a profession by taking money from innocent people on interest and giving them cheque as a security. Later she deny to pay back the money and giving them threat of sue in court for sexual harassment. There is only 3 month left in father's retirement and that lady make a false complaint to the department chairmen of sexual harassment and the retirement benefit should be stopped and give it to me as a compensation and the all matter should be examined by human rights dep. The chairmen transferred the complaint to the related department after receiving that complaint the related department ask from her for explanation details for the same. but she did not give any explanation and said that this complaint should be considered as my explanation. the related dep. noting all these complaints in father's service book/personal book. the senior officers of my father's office advice my father to do not take any action till retirement date. are they suggesting me right ?? also the senior officer also threatened by the lady with same complaints.
Rajendra K Goyal
(Expert) 11 October 2016
What are the effect of such noting in service book, inquire departmentally?
Whether any internal inquiry process started against your father? Your father should bring fact of 138 cases against the lady on record.
These are criminal cases. Ask for proper inquiry against her, may put such request after retirement.
Kumar Doab
(Expert) 11 October 2016
You may assess.
Probably seniors are aware and want your father to retire with retirement benefits.
Guest
(Expert) 11 October 2016
Dear Puneet Bansal,
Either your father is totally unaware of the organizational processes and the concerned records, or alternatively you have posted some hypothetical story. One of the two thing is quite certain.
However, may be artificial or real problem, based on your own description, it can safely be said, even if senior officers of your father's office advised your father not to take any action till retirement date, no surety can be be there for your father to safeguard most of his retirement benefits, as departmental processes can go long even after his retirement to get clearance for retirement benefits.
In fact, your description is devoid of the basic necessary facts to arrive at some purposeful opinion.
Better discuss the real story, not a fiction. In fact, there is a long list of loopholes in your story that do not make your story match with any real problem.
Rajendra K Goyal
(Expert) 11 October 2016
You can be benefited by the advice from expert P.S. Dhingra.
puneet basnal
(Querist) 11 October 2016
Respected sir this is not a fiction . this is real problem that face my family
Kumar Doab
(Expert) 11 October 2016
Show all case related docs to a very able counsel specializing in service matters at your location for a considered opinion.
Guest
(Expert) 11 October 2016
Ask your father to directly consult some service laws expert, as representing his case through you may cause several communication gaps and may prove to be more harmful to your father, rather than have any benefit.
Kumar Doab
(Expert) 11 October 2016
Record all threats.
Download all cases.
Share all irrefutable evidences with your able counsel, at your location.
Rajendra K Goyal
(Expert) 12 October 2016
discuss in detail with local lawyer expert in service matters / employees association representatives (provided they are sincere and would not twist arm later on due to the information).
Kumar Doab
(Expert) 12 October 2016
Agreed with Expert Mr. Goyal.
Choose wisely.
NANDKUMAR B SAWANT
(Expert) 12 October 2016
SIR,
KINDLY NOTE THAT.
1. CR. CASE UNDER SEC. 138 OF N.I. ACT IS FILED BY YOUR FATHER AGAINST SAID LADY.
2. SHE IS HABBITUAL OFFENDER IN SIMILAR CASES.
3. TO PRESSURISE YOUR FATHER TO WIDRAW CASE , SHE HAS FILED FALSE COMPLAINT MAKING SAID ALLEGATIONS.
4. THE CONCERNED DEPT MUST HAVE ASKED YOUR FATHER TO SUBMIT EXPLAINATION.AND THEY MAY TRANSFER HIM /HER TO DIFFERENT DEPTS.
5. IT IS ADVISIBLE THAT YOUR FATHER SHOULD SUBMIT DETAILED EXPLAINATION AND REPLY TO ANY CHARGESHEET ISSUED BY THE DEPT AND DENY ALL ALLEGATIONS BY SUBMITING COPY OF CASE PENDING AGAINST THAT LADY UNDER SEC. 138 OF N.I.ACT.
6. KINDLY NOTE THAT THESE TWO CASES ARE ENTIRELY DIFFERENT AND SHOULD BE CONTESTED ON THEIR FACTS AND MERITS.
7 AS THE FACTS SENT BY YOU ARE VERY BRIEF YOU MAY MENTION DETAILED FACTS WILL REPLY IN DETAIL . GOOD LUCK.
N.B.SAWANT.M.COM.LL.B.ADVOCATE HIGH COURT, MUMBAI.
Rajendra K Goyal
(Expert) 15 October 2016
In some of the PSUs the employees can not borrow / lend from / to other employees / outsiders without prior permission from department, whether any such condition exist in the concern in which your father working?
Kumar Doab
(Expert) 15 October 2016
Yes ,relate with service rules as pointed by Expert Mr. Rajendra K Goyal.
puneet basnal
(Querist) 16 October 2016
we file complaint cases against the borrowers as "friendly loan"
Guest
(Expert) 16 October 2016
Mr. Bansal,
Question arises, how your father knew her, if advanced a friendly loan?
Also what was the mode of payment, by cash, cheque or funds transfer in to her account?
puneet basnal
(Querist) 16 October 2016
The mode of payment by cash.In the presence of witnesses
Guest
(Expert) 16 October 2016
You have not replied my question as to how your father knew her, if advanced a friendly loan?
Any reason for that?
puneet basnal
(Querist) 16 October 2016
both are working in same department since 2008.
Guest
(Expert) 16 October 2016
If the witness don't go back during trial with the fear that the lady may blackmail him also, your father can win the case.
So far as departmental inquiry is concerned, probably you are not well acquainted with the process of inquiry about sexual harassment, as the case cannot be processed in a way, as you described. From that it becomes evident that your query is merely an academic query.
