Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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nikhil sompura (adv.)     28 June 2012

138 n.i. act

in 138 n.i.act how can taken / return original cheque &document to / by court



Learning

 11 Replies


(Guest)

Your query is vague.

1 Like

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     29 June 2012

ask your advocate., he will guide you.

R Trivedi (advocate.dma@gmail.com)     30 June 2012

You cannot take back the original cheque because it is a major evidence and at any stage accused can insist for forensic analysis with respect to certain parameters. Don't even attempt it.

 

If you have submitted any account books in original, then your advocate would get them back.

A.V.Pattanashetti (Advocate)     01 July 2012

You cant but you may take the certified copy of the same 094480356551

rkjain (properitor)     02 July 2012

dear sir
reg: u/s138 n.i. act SITA V/S RKJAIN 2006
ref: i am accused and filed appeal agaist trial court order against me
i got your email from toostep.com kindly suggest/advice me with ref to overcome 
by undergoing criminal appeal :
details facts are as under
i did business of share sub-broking till 2004 with regd. sebi broker of bse.i 
was also sebi regd. sub-broker. out of old client one has taken some advance from 
me through cheque to repay back. meanwhile she took a cheque of 20000 on 1st 
april 2006 in turst with promise to lodge after paid the old bal due to me. 
despite my oral denial to lodge 
as she unable to paid old dues, she lodge the cheque in her bank and got
dishonoured.consiquently sent me a notice to pay with 2000 fees etc aggregated 
22000(twenty two thousand) i replied with fact that already i owed her 83000 so i 
did not manage payment in my a/c so got dishonored.
she filed a case agaisnt me u/s138 in trial acjm court with the following points:
1.she pointed that i sold 25 reliance ind to accued and 17000+3000(old bal due to 
me)accused issued me 20000 said cheque .
2.i am regalarily dealing share purchasae sell with his firm
3.still few share to be recd from accused.(RKJAIN)

AS I HAVE ALREADY STATED THAT I CLOSED MY SUB BROKERSHIP BUSINESS IN THE YEAR
OCT.2004 AFTER FINANCE BILL 2004 POLICY CLIENT NEED TO REGISTER DIRECTLY WITH 
BSE/NSE MEMBER BROKER NOT WITH SUB BROKER, AS SUB BROKER CONCEPT GET OVER.

SO IN THIS NEW CONCEPT CLIENT NEED TO DELIVER SHARES TO MEMBER BROKER'S A/C
DIRECTLY AND BROKER NEED TO MAKE PAYMENT TO CLIENT IN HIS/HER A/C DIRECTLY
THE DEALING IS ALL SET TO ELECTRONIC FORM EVEN SHARE BUY/SELL BOTH SETTLE
ELECTRONICALLY.
SO IN MY CASE SHE NEVER GIVEN ANY SHARE IN MY DEMATE A/C EVEN I HAD NOT HOLDING
ANY RELIANCE IND SHARE SINCE LAST ONE YEAR. ALSO SHE NEVER MADE ANY PAYMENT
TO ME NEITHER HAD ANY ACCOUNT SHOWING SO CALLED DEALING WITH ME.
BUT TRIAL COURT ORDER AGAINST ME AND AWARD TO PAY 30000 ALONG WITH 2 MONTH 
SIMPLE PRISONMENT.
SO KINDLY ADVICE ME FEW REFRENCE CASES WHICH FAVOUR ACCUSED AS COMPLAINANT
HARRSHED ME TO PAY AS PER HER DEMAND.

APPEAL IS UNDERGOING IN ARGUMENT U/S 391 TO TABLE DEMATE A/C STATEMENT 
OF COMPLAINANT.
I COULD NOT UNDERSTAND WHILE SHE NEVER PAID ANY AMOUNT TO BUY SHARES AND
NOT TRANSFER SHARES OF RELIANCE FROM HER A/C TO MY A/C AND EVEN I HAD ALSO
NOT HOLD SHARE IN MY A/C THAN WITHOUT OWING SHARE HOW CAN SHE SOLD THE SHARE
AND I BECAME LIABLE TO PAY CHEQUE.
SHE NEVER POINTED IN HER COMPLAINT THAT I ISSUED CHEQUE IN OBLIGATION OF
OLD LOAN GIVEN TO ME IN CASH/KIND.
PLEASE ADVICE
REGARDS
RKJAIN

rkjain (properitor)     02 July 2012

dear sir
reg: u/s138 n.i. act SITA V/S RKJAIN 2006
ref: i am accused and filed appeal in session court after trial court's order against me
 undergoing criminal appeal :
details facts are as under
i did business of share sub-broking till 2004 with regd. sebi broker of bse.i 
was also sebi regd. sub-broker. out of old client one has taken some advance from 
me through cheque to repay back. meanwhile she took a cheque of 20000 on 1st 
april 2006 in turst with promise to lodge after paid the old bal due to me. 
despite my oral denial to lodge 
as she unable to paid old dues, she lodge the cheque in her bank and got
dishonoured.consiquently sent me a notice to pay with 2000 fees etc aggregated 
22000(twenty two thousand) i replied with fact that already i owed her 83000 so i 
did not manage payment in my a/c so got dishonored.
she filed a case agaisnt me u/s138 in trial acjm court with the following points:
1.she pointed that i sold 25 reliance ind to accued and 17000+3000(old bal due to 
me)accused issued me 20000 said cheque .
2.i am regalarily dealing share purchasae sell with his firm
3.still few share to be recd from accused.(RKJAIN)

AS I HAVE ALREADY STATED THAT I CLOSED MY SUB BROKERSHIP BUSINESS IN THE YEAR
OCT.2004 AFTER FINANCE BILL 2004 POLICY CLIENT NEED TO REGISTER DIRECTLY WITH 
BSE/NSE MEMBER BROKER NOT WITH SUB BROKER, AS SUB BROKER CONCEPT GET OVER.

SO IN THIS NEW CONCEPT CLIENT NEED TO DELIVER SHARES TO MEMBER BROKER'S A/C
DIRECTLY AND BROKER NEED TO MAKE PAYMENT TO CLIENT IN HIS/HER A/C DIRECTLY
THE DEALING IS ALL SET TO ELECTRONIC FORM EVEN SHARE BUY/SELL BOTH SETTLE
ELECTRONICALLY.
SO IN MY CASE SHE NEVER GIVEN ANY SHARE IN MY DEMATE A/C EVEN I HAD NOT HOLDING
ANY RELIANCE IND SHARE SINCE LAST ONE YEAR. ALSO SHE NEVER MADE ANY PAYMENT
TO ME NEITHER HAD ANY ACCOUNT SHOWING SO CALLED DEALING WITH ME.
BUT TRIAL COURT ORDER AGAINST ME AND AWARD TO PAY 30000 ALONG WITH 2 MONTH 
SIMPLE PRISONMENT.
SO KINDLY ADVICE ME FEW REFRENCE CASES WHICH FAVOUR ACCUSED AS COMPLAINANT
HARRSHED ME TO PAY AS PER HER DEMAND.

APPEAL IS UNDERGOING IN ARGUMENT U/S 391 TO TABLE DEMATE A/C STATEMENT 
OF COMPLAINANT.
I COULD NOT UNDERSTAND WHILE SHE NEVER PAID ANY AMOUNT TO BUY SHARES AND
NOT TRANSFER SHARES OF RELIANCE FROM HER A/C TO MY A/C AND EVEN I HAD ALSO
NOT HOLD SHARE IN MY A/C THAN WITHOUT OWING SHARE HOW CAN SHE SOLD THE SHARE
AND I BECAME LIABLE TO PAY CHEQUE.
SHE NEVER POINTED IN HER COMPLAINT THAT I ISSUED CHEQUE IN OBLIGATION OF
OLD LOAN GIVEN TO ME IN CASH/KIND.
PLEASE ADVICE
REGARDS
RKJAIN


Attached File : 32942715 138.txt downloaded: 61 times

rkjain (properitor)     02 July 2012

please advice to overcome this case where cheque given in trust to help is made me accused.

regards

rk


Attached File : 32942715 138.txt downloaded: 65 times

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     02 July 2012

Nothing is clear from your long narration.

Whether you lost the case in lower court than what was the order.

Where appeal / revision is filed.

The case was simple and you should have won it.

rkjain (properitor)     02 July 2012

 

 
RESPECTED ALL,
REG:U/S 138 N.I. ACT SITA V/S RKJAIN 2006

REF: I LOST MY CASE IN LOWER COURT AND ORDERED ME TO PAY 30,000 AND TWO MONTH
IMPRISONMENT. I FILED APPEAL IN SESSION COURT AND IT IS UNDERGOING.

DETAILS OF THE CASE IS AS UNDER:
I WAS IN SHARE SUB-BROKING BUSINESS TILL 2004. ONE OF MY OLD CLIENT SITA TOOK A 
POSTDATED CHEQUE IN TRUST THAT I WILL SOLD 25 SHARE OF RELIANCE INDUSTRIES AND 
LODGE THE CHEQUE. I WARN ORAL NOT TO LODGE THE CHEQUE AND RETRUN BACK TO ME
BUT SHE LODGE THE SAME AND GOT DISHONOURED IT.
BY GIVING 15 DAYS NOTICE AND I REFUSE TO PAY HER BECAUSE I ALREADY OWED HER
APRROX.80000( DUE TO ME)

SO SHE FILED CASE TRIAL COURT WITH COMPLAINT THAT I (SITA)SOLD 25 SHARE OF 
RELIANCE INDUSTRIES FOR CONSIDERATION OF 17,000/-AND OLD BAL 3000 AGGREGATE 
(RK)ACCUSED ISSUED ME A CHEQUE OF 20,000 

IN TRIAL COURT I LOST THE CASE AND ACCORDINGLY FILED APPEAL IN SESSION COURT.
NOW ADVISE ME WITH REF OF CASES TO STRONG MY CASE, AS I NEVER RECD ANY
RELIANCE SHARE FROM HER OR EVEN I DID NOT HOLD RELIANCE IND SHARE IN MY
A/C AS WELL AS SHE DID NOT PAY ME ANY AMOUNT TO BUY RELIANCE SHARE 


APPEAL IS UNDERGOING IN ARGUMENT U/S 391 TO TABLE DEMATE A/C STATEMENT 
OF COMPLAINANT.AS SHE ALSO NOT HOLD SHARE IN HER DEMATE A/C

SHE NEVER POINTED IN HER COMPLAINT THAT I ISSUED CHEQUE IN OBLIGATION OF
OLD LOAN GIVEN TO ME IN CASH/KIND.
PLEASE ADVICE
REGARDS
RKJAIN

rkjain (properitor)     02 July 2012

 

 
RESPECTED ALL,
REG:U/S 138 N.I. ACT SITA V/S RKJAIN 2006

REF: I LOST MY CASE IN LOWER COURT AND ORDERED ME TO PAY 30,000 AND TWO MONTH
IMPRISONMENT. I FILED APPEAL IN SESSION COURT AND IT IS UNDERGOING.

DETAILS OF THE CASE IS AS UNDER:
I WAS IN SHARE SUB-BROKING BUSINESS TILL 2004. ONE OF MY OLD CLIENT SITA TOOK A 
POSTDATED CHEQUE IN TRUST THAT I WILL SOLD 25 SHARE OF RELIANCE INDUSTRIES AND 
LODGE THE CHEQUE. I WARN ORAL NOT TO LODGE THE CHEQUE AND RETRUN BACK TO ME
BUT SHE LODGE THE SAME AND GOT DISHONOURED IT.
BY GIVING 15 DAYS NOTICE AND I REFUSE TO PAY HER BECAUSE I ALREADY OWED HER
APRROX.80000( DUE TO ME)

SO SHE FILED CASE TRIAL COURT WITH COMPLAINT THAT I (SITA)SOLD 25 SHARE OF 
RELIANCE INDUSTRIES FOR CONSIDERATION OF 17,000/-AND OLD BAL 3000 AGGREGATE 
(RK)ACCUSED ISSUED ME A CHEQUE OF 20,000 

IN TRIAL COURT I LOST THE CASE AND ACCORDINGLY FILED APPEAL IN SESSION COURT.
NOW ADVISE ME WITH REF OF CASES TO STRONG MY CASE, AS I NEVER RECD ANY
RELIANCE SHARE FROM HER OR EVEN I DID NOT HOLD RELIANCE IND SHARE IN MY
A/C AS WELL AS SHE DID NOT PAY ME ANY AMOUNT TO BUY RELIANCE SHARE 


APPEAL IS UNDERGOING IN ARGUMENT U/S 391 TO TABLE DEMATE A/C STATEMENT 
OF COMPLAINANT.AS SHE ALSO NOT HOLD SHARE IN HER DEMATE A/C

SHE NEVER POINTED IN HER COMPLAINT THAT I ISSUED CHEQUE IN OBLIGATION OF
OLD LOAN GIVEN TO ME IN CASH/KIND.
PLEASE ADVICE
REGARDS
RKJAIN

R Trivedi (advocate.dma@gmail.com)     02 July 2012

Post the order, original complaint, affidavit of complainant and your statement.


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