Upgrad LLM

138 ni act


I have issued (on 7th Jan,2012) a company cheque of amount more than my authorized limit to our contractor for rendering services on monthly basis for one of our project. The cheque did not clear as for amount more than 3lakh second directors signature required. We paid the amount of cheque through RTGS immediately to him and asked (verbally) to return the dishonored cheque. He told that he destroyed the cheque, hence we trusted him and not asked him to give it in writing.  The contract ended on 31st Mar, 2011 and we issued a cheque for final payment. After receiving the final payment, he started asking more money and told that I have preserved the dishonored cheque with me and will present again in bank so we gave STOP PAYMENT instruction to bank for that cheque. The contractor submitted the cheque in bank and it got dishonored again. Then he sent notice to us through lawyer to pay the cheque amount. We replied to notice with evidence but still he filed 138 NI act case against us and we received court summons to appear in court. He also accussed our other Directors who are foreingners. Please advise whether 138 NI act is applicable in this case and how to fight it in court. 

 
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POWER OF DEFENSE IS IMMENSE

 

It is easier for any accused of Ni 138 case to come out of it since it is very difficult for the complainant to prove his case but you have to face trial , once court notice is issued no quash is possible even at higher court. , unless you are ready to go up to SC.

PEOPLE LOOSE BECAUSE OF CARELESSNESS FROM BEGGINNING. THEY WASTE INITIAL TIME  IN TAKING DATES ONLY. YOU HAVE TO INITIATE  PROPER  ACTION FROM DAY ONE WITH EXPERT LEGAL ASSISTANCE THEN WINNING THE CASE WILL BE EASY, SIMPLE AND SURE.

 
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advocate

Mr. JSDN,

Thank you for the encouraging words for the accused. It would be better if you spell out as to what useful  measures/stands/pleas are to be taken by the accused right from the biginning.

Thank You,

 

With regards.

 
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Advocate

Sir,

You are having a very good ground to contest the case because there is an evidence of  part payment.  Contact your advocate and file vakalath before the court.   

 
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POWER OF DEFENSE IS IMMENSE

 

Any case of cheque bounce  (NI 138)  can be won by the accused if diligently perused from initial stage. It is  a myth that once a cheque is bounced conviction is imminent .

 The complainant has to pass many many and many legal hurdles to achieve this.

 1) Prove EXACT  legal liability equivalent or less than value of cheque that too on the day when the cheque was given .2) Prove notice and all its contents .3) frame proper pleadings in the complaint 4) produce all the evidence with the complaint 5) Prove cheque was actually given to the complainant BY THE ACCUSED .6) It may have been given post dated but not blank dated.

6) Prove its bounce against the complainant not against any body else. This is a big catch and ignored by many most of the time.

Accused  suffer only due to guilt complex and initial lethargy .Power of defense is power of negative which is  perpetual and immense.

 
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POWER OF DEFENSE IS IMMENSE

 

Cheque bounce is offence but you can come out of it.

1)      Complainant in over confidence makes mistakes in giving notice, framing pleadings in complaint and documentary evidence.

 

2)      You can take advantage of these mistakes by timely action and expert cross examination.

 

3)      Courts can not give decision beyond documents, pleadings and result of cross examination. So accused should be ready and prepared to fight at every step.

 

4)      You have to be alert from day one once the time slips no body will listen to you.

 

5)      There is limited scope in revision and appeal to higher courts unless there is basic flaw so be prepared to contest with full efforts at trial stage.

 

6)      You must take and use not only expert but hard working legal assistance from beginning , normally most people do the reverse and than suffer.

 

7)      Many people suggest dismissal and quash applications to higher courts , which are not entertained . Once the process is issued you have to face trial. But there are sure and simple methods to come out of any NI 138 case.

 

8)      If you want to take advantage of our advice please send all the papers at first instance.

 

9)      You sould engage a local advocate to run the case for regular routine  and we will guide you what steps to be taken at which stage and where.

 
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Hello JSDN,

Complainant did not mention in notice and complaint that the cheque was dishonored first time in Jan, 2011. Also we got all the documents which complainant submitted in Court. In which he has submitted one Invoice of cheque value which we never received. Also when we make final payment we hold Rs. 25000/- as they did not fulfill certain formalities. So legally we are bound to pay only Rs. 25000/-. We have e-mail from complainant that Rs. 25000/- are balace to pay.

We hired a local lawyer to contest the case but he said that since 2 accused Directors are from Europe and unless they appear in court the case can not be started.

Please advise how to remove the names of foreign Directors. Pl note that both can not travel to India for this case. 

 
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POWER OF DEFENSE IS IMMENSE

Pl send me copy of notice and complaint, I will show you easy way out.

You can also actually watch any of my NI 138 cases where I represent accused to know the power of defense on very minor issues.

 
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POWER OF DEFENSE IS IMMENSE

 

Dive  deep in darkness and you will find pearls of defense.

Darkness can not be destroyed , it is eternal . It hides only  when light is shown and emerges the moment light is gone.

Light has to be sustained , darkness is perpetual. This is power of logic, power of defense.

 
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Legal Evangelist - TRIPAKSHA

No worries, when there is no liability the case has no legs to stand upon.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
 
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