Section 138 N. I. Act

Bidesh Sinha (Querist) 21 September 2009 This query is : Resolved
I entered into an agreement with the landlord to develop the land and construct a multistory building thereon, as such according to agreement I have given a cheque of Rs.2,50,000/- to the land lord in consideration thereof, but in the mean time the landlord did not supply me the Original documents relating to the said land because there was no provision agreed in agreement to supply original documents as such I could not able to get sanctioned the plan and could not construct the multistory building, mean while the landlord got the aforesaid cheque dishonoured and filed a criminal case U/s. 138 of N.I. Act, am I liable for punishment U/s. 138 of N. I. Act, if not please suggest me with case law.riven

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Guest (Expert) 21 September 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

1.KINDLY NOTE THAT EVEN IF A COMPLAINT IS FILED U.S.138 OF N.I.ACT .YOU HAVE TO DEFEND THE CASE STRONGLY AND AS HE HAS NOT SUPPLIED THE ORIGINAL AGREEMENT COPY YOUR PLAN WAS REJECTED HENCE THERE IS NO LEGALY ENFORCEABLE DEBT HENCE IN CASE THE LANDLORD IS FURTHER AGREEING FOR COOPERATION BY GIVING ORIGINALS THEN YOU CAN SORT OUT THE MATTER ORELSE JUST FACE THE CASE STRONGLY YOU WILL SUCCEED.
YOUR MAY SEND DETAILS IF FURTHER HELP IS REQUIRED.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.riven

Raj Kumar Makkad (Expert) 21 September 2009
Your cheque was issued against consideration hence you are liable to face the consequences of section 138 NI Act in the given circumstances. The demanded documents do not form part of your agreement and moreover you didn't make any correspondence with him to stop the encashment of the cheque because he has not played his part of agreement prior to his deposit in his bank.riven

Sachin Bhatia (Expert) 21 September 2009
You have to convince the court that landlord did not supply you the Original documents relating to the said land so your plan was rejected hence there in no liability from your side. You have to strongly defend the case.riven

Sarvesh Kumar Sharma Advocate (Expert) 21 September 2009
landlord did not supply you the Original documents in the light of this matter you can file a civil suit against the landlord and /or
for compensation file a consumer case and /or
for cheating file a criminal case against l.l. and then strongly fight 138 n.i. act.riven

nitin (Expert) 21 September 2009
I am satisfied with the opinion given by our expert raj kumar makkad. once the cheque is given for a consideration you are bound by the provisions of 138 and 139 of NI Actriven