Rajiv Shukla (President) 05 February 2011

138 NI ACT and 498/A...

Greetings,

We have two cases filed against us in jusidiction other than our place. the occurence of dispute is our place.

A. Under 498/A,420,406,504,506 3/4 DP act against whole family.(marriage not performed,not even tilak!?)

status- High court directed the case for mediation against the chargesheet.(498/A dropped in chargesheet)

B. Under 138 NI act( payment stopped by us the same day as the cheque was taken under undue stress)

status- High court directed the case for mediation against revision. mediation failed. NBW in process.

I request humble suggestions from learnerd members on the legality of couple of points.

1. Can two cases exist at a same time pertaining to same dispute? the cheque is mentioned in the 1st case(A) also.

2. Can 138 NI Act be filed in jurisdiction other than that of my bank that stopped the payment?

3. Can the cases be transfered to our jurisdiction or any other for that matter? as the opposite party are well into police & bar assosiations in person.

Kindly advice. Thanks in advance.

Regards.

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4 Replies

(Guest)

YOU MAY CHALLENGE THE IMPUGNED ORDERS TO THE APPEALLATE COURT.NBW CAN BE CANCELLED BY SUBMITING BAIL APPLICATION AND FURNISHING SURETY. NEGOTIABLE INSTRUMENTS ACT CASE UNDER SEC.138 MATTER CAN BE DEFENDED STRONGLY.YOU MAY FILE A DISCHARGE APPLICATION IN THE SAID MATTER ON THE POINT OF JURISDICTION OF THE COURT.YOU MAY MENTION THE LOCATION OF THE CASES.AND YOU MAY SUBMIT TRANSFER APPLICATION TO THE DIST AND SESSIONS COURT ON THE POINT OF JURISDICTION. YOU MAY NOTE THE JUDGEMENT IN HERMAN ELECTRONICS CASE .GOOD LUCK.

1 Like

Bal Mukund Shah(9826310378) (Advocate) 06 February 2011

vailidity of post dated cheque , account number be chaenge whithout cuncent of drowi , cheque isue 3 years ago and this validity , sttop pement chaque ago 7 monthe why case run u/s 138 NI Act . what is the candition of unvailid chaque. B.M.Shah Advocate singruali Madhy Pradesh

Advocate Anuj Anand (Advocate) 20 February 2011

I agree with Sawant Sir. Thank you sir

CHANDDAN TANDON (AS A CRIMINAL LAWYER) 18 March 2011

dear client,

nature of both cases are tottally diffrent

if marriage is not performed from both side u/s 498-a, is not applicable

for case of 498 a-marriage must be proof..

clear me one thing police case is registered or complaint case against you...........

in police case file the revision against the cogzinance and in complaint case file the revision against the order of magistrate before session court ..............

only case u/s 406,420,504,and 506 ipc is maintainable, for bail you should take the order of same day from high court.

in case of u/s 138 NI ACT -- if the cheque is issued by your signature and notice send to you by him with in time (30 days ) then they can file the complaint against you and you are bound to pay the full amount of cheque ...