Ni act 138
Querist :
Anonymous
(Querist) 12 August 2011
This query is : Resolved
MY YOUNGER BROTHER WAS RUNNING A RETIAL SHOP. HE BORROWED LOAN FROM MARKET,KNOWN,RELATIVES ETC. OUTOF SOME ARE ON VERY HIGH INTEREST RATE. HE GIVEN THEM BLANK STAMP AND BLANK CHEQUE. NOW PRESENTLY HE WAS MISSING. WHAT CAN WE DO AGAINST THEM TO PROTECT BROTHER.
ajay sethi
(Expert) 12 August 2011
declare your brother a insolvent . if assets are not sufficent to meet liabilites then your brother can make an application to court for declaring him as an insolvent.
lodge police complaint that blank cheques duly signed have been stolen
Querist :
Anonymous
(Querist) 12 August 2011
Ajay Sethi Sir,
NI 138 ke kuch case lag chuke h, lekin summon tamil nahi huye h. Shayad Insovency me 138 ke case finish nahi hote h..
M/s. Y-not legal services
(Expert) 12 August 2011
I think, insolvency person can be punish under section 138 of n.i act. He may be dispensed from repay the amount, but criminal consequences will be left open to the insolvency persons.
Advocate. Arunagiri
(Expert) 12 August 2011
Insolvency proceedings has nothing to do with 138 proceedings. Insolvent can be punished by the court.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 12 August 2011
Instead of all this since cases are registered appear and contest , you can always find loopholes in complaint.
Insolvancy not applicable in criminal cases.
SANJAY GUPTA
(Expert) 12 August 2011
lodge a complaint before the police regarding loss of blank signed cheques as you stated and if your brother is missing now as you stated in that event court can not procced further till your brother appear personally or produced before the court on strenghth of warrant of arrest.
NOTTAM VENKATASAMY
(Expert) 12 August 2011
138 OF NI ACT IS DIFFER FROM INSOLVENT,NI ACT SHOULD PUNISH INSOLVENT ALSO,BECAUSE NI ACT IS PENAL ACT
Querist :
Anonymous
(Querist) 16 August 2011
How can he prove that, he already paid a higher amount intt & principal amount to them. coz maximum transaction were in cash and they receive blank stamp & blank cheque. Right now his running business was also closed. Can we do vacant their godown?
Querist :
Anonymous
(Querist) 16 August 2011
There is no judgement in which accused get remidies/relief ag. 138.
Querist :
Anonymous
(Querist) 16 August 2011
Respected all, pls provide me the above.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 16 August 2011
Pl post or send copy of the complaint, notice and bank slips and cheque , we will show most easy way to win case in the court.
Querist :
Anonymous
(Querist) 17 August 2011
JSDN Sir,
brother's bank accounts were closed and cheque return with tag of account closed to them.
Notices were returned due to we cant receipt of them. hence we dont know the coz, what/which languaged used in notices.
Querist :
Anonymous
(Querist) 17 August 2011
Is there any judgement in which accused get remidies/relief ag. 138. Pls provide me the PDF.
Querist :
Anonymous
(Querist) 17 August 2011
JSDN Sir,
court's summon were returned, they all were in the name of brother, hence we didnot received the same.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 August 2011
So just find the status in the court through some local advocate and than ask me for procedure to come out. Please remember that if you can contest whatever may be the reality you can win the case.
Querist :
Anonymous
(Querist) 26 August 2011
Respected JSDN Sir
My brother was running a retail shop, its his proprietory business. He have 2 shops, 1 rental from parents and another 1 from other landlord. and also have rental godowns. He taken borrowing from relative/known/market on interest, other than relative, all loan are on high interest rates with installment payment basis. mostly transaction were in cash basis. but he was given to the blank cheque and blank stamps.
He had no more assets except 1 property appx rs. 5 lac and business stock rs. 2 lacs.
We he feel to pressure for repayment of loan, he think for societ (death). at the same moment we feel his thought. we save to him.
after 5-6 days, he went away and missing now.
pls advice to us. what we can do,
my father is heart patient.
