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Rohit Sharma   28 October 2023

138 ni act fabricated case

Hi,

I had borrowed 100000 rs on 10% interest from my friend in 2018 and i had given him a signed blank cheque as surety. He had transferred 90000 to my bank account thru Phonepe.

I had subsequently returned him 15000 on two different occasions so 75000 was left to be paid. I had lost my job then and had requested for some more time from my friend. Later when COVID struck i wasn't able to pay him back. In 2019 he filed a 138 NI act case upon me and bounced my surety cheque by filling 230000 in it where as the payable was only 75000. Not only that he fabricated the story saying that I promised him a job and didn't get him one etc etc.

I have a bail in the matter and next hearing date is Jan 23, 2023. 

I have a voice recording where he has agreed that only 75000 is due and he filed a false case under wrong advice from people and I also have whatsapp conversation where he has threatened me with dire consequences saying he is friendly with the local cops, lawyer and the judge hearing the case and also contacts with mafia etc.

I was always willing to return the money but I am not in favor of returning extra money. I am ok to pay 75000 but I won't pay 230000

I have been diagnosed with cancer and I have my chemo sessions and due to cancer I have lot of physical issues and sight issues too.

I want this case to be tried and I want that the judge should take into consideration the audio file too.

My question is: If i deposit the entire claimed amount of rs 2,30,000 to the honorable court

- Can I request for the honorable court to continue the trial

- Can the court grant me exemption from attending hearing dates

- What would be the right approach to take care of this matter

Please guide

 

Thanks in advance 



Learning

 6 Replies

Sudhir Kumar, Advocate (Advocate)     28 October 2023

di you really owe him Rs 230000/-.        

Rohit Sharma   28 October 2023

No Sir. I only owe him 75000 rs. 

T. Kalaiselvan, Advocate (Advocate)     29 October 2023

If you deposit the entire cheque amount then the court will close the case without conducting trial and ask the complainant to withdraw the case on the basis of the amount being settled.

On the basis of your ill health you can file a petition under seciton 205 cr.p.c. seeking to dispense with your personal appearance before court 

Instead of depositing the cheque amount you can challenge his false case in the trial proceedings and try to get acquitted. 

Dr. J C Vashista (Advocate and Legal Consultant)     29 October 2023

Answer to first 2 questions is affirmative.

For next (3rd) question you are required to contact, consult and engage a local prudent lawyer for better appreciation of facts, professional advise and necessary proceeding.

 

P. Venu (Advocate)     29 October 2023

Had you replied to the mandatory notice and brought these aspects on record?

Sudhir Kumar, Advocate (Advocate)     31 October 2023

Originally posted by : Rohit Sharma

No Sir. I only owe him 75000 rs. 

 

in that  the person is only a "holer" of cheque and is not "holder in due courseyou should engage a lawyer who can explain you the differenc ein both terms


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