Regarding my defence statement
mahesh
(Querist) 02 March 2012
This query is : Resolved
dear sir/madam,
kindly help me by giving some imptn hints how to prepare my defense evidence as per my case of stop payment (NI act) explained earlier and thanks for all your precious advice's once again.
thanking you.
mahesh.
hubli.
Arvind Singh Chauhan
(Expert) 02 March 2012
If accused has replied the demand notice then he has to follow it's content while giving defence.
If he didn't replied then,--
1. he has to prove that purpose of stopping payment was other than to cheat drawee.
2. And there was no due on him, of any negotiation.
Adv.R.P.Chugh
(Expert) 02 March 2012
Excuse my little knowledge on 138 - my learned friends would correct me if I am wrong - is stop payment now even covered under 138 ?
Raj Kumar Makkad
(Expert) 03 March 2012
Chugh is right. Stop payment without the knowledge to the drawer is also covered under 138 NI Act and thus there is no legal ground to have proper defence in such matter.
V R SHROFF
(Expert) 03 March 2012
Without knowing fact, cannot advise defense evidence.
Anirudh
(Expert) 03 March 2012
Mr. Makkad does not even appear to have understood the import of the post of Mr. Chugh.
In fact Mr. Chugh is doubting whether sec. 138 would get attracted in case of 'stop payment'.
Instead of appreciating Mr. Chugh's doubt, Mr. Makkad proceeds to say Mr. Chugh is right and then also goes on to say "Stop payment without the knowledge to the drawer is also covered under 138 NI Act and thus there is no legal ground to have proper defence in such matter".
If Mr. Chugh is correct (as indicated by Mr. Makkad himself), then his own above reply in the second sentence is wrong. Both cannot go together!
Further the question of 'stop payment' without the knowledge of the Drawer can never happen. It is possible without the prior knowledge to the drawee, but certainly not without the knowledge of the drawer.
The querist's confusion must have increased mani fold by such replies!
prabhakar singh
(Expert) 03 March 2012
You have not stated facts while any claim or defence is pleaded on the basis of facts crafted in the light of law.
"Stop payment" is an instruction issued to the Bank by the Drawer,then it is useless to suppose that it can not be in his knowledge.
Mr. Chugh as well as you and others may go with following case law to clarify their further doubt.
Supreme Court of India
Rangappa vs Sri Mohan on 7 May, 2010
Author: K B I.
Bench: P. Sathasivam, J.M. Panchal
http://www.indiankanoon.org/doc/150051/
V R SHROFF
(Expert) 03 March 2012
Mr Anirudh, Did Querist submitted necessary details ??
he says "explained earlier "
how we know what is "explained earlier "
how many queries we reply, on how many subject? can we recollect anything, unless mentioned??
how to guide him
Guest
(Expert) 03 March 2012
Without any background of the case and brief of the charges, I don't think you would be able to get any appropriate solution to your problem.
Deepak Nair
(Expert) 03 March 2012
Stop payment is covered under the ambit of Sec.138.
This means that the drawer intentionally restrain himself from discharging the legally enforceable liability.
There is no defence in support of stop payment.
Anirudh
(Expert) 03 March 2012
Dear Mr. Shroff, if the querist has not given necessary details, whether it is the duty of the experts to elicit the required information before answering, or to simply answer even without details? What sort of a reply that would be? No one expects any expert to remember everything, but at least they can ask for additional information before answering, or if the query lacks in details then they can refrain from answering on the basis of half-information. Giving reply without full details does not serve any purpose. Rather it not only exposes the experts, but also misleads the querist.
prabhakar singh
(Expert) 03 March 2012
I agree with Mr. Anirudh that we should refrain answering queries not making a sense for us.
Shonee Kapoor
(Expert) 04 March 2012
Nothing for me to say, in the absence of any details.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Deepak Nair
(Expert) 05 March 2012
I too endorse the views of Mr.Anirudh
