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Prabal Kumar Biswas   15 October 2020

Case under sec 138 of ni act

A Case under Sec 138 of NI Act is pending against my mother and me by a fraud Caterer. The amount of cheque was only Rs.15000. The cheque was made stop payment by us due to pathetic and poor show of the caterer in my Marriage Reception Ceremony.
Me and mother have already appeared before the court, obtained bail and pleaded not guilty. The case is in the Evidence Stage. Next hearing is on 12/01/2021. This is really harassing for me and my aged mother. How to get rid of all these? Is it possible to prove in court the poor service of caterer due to which stop payment of cheque was done?

Secondly, the cheque was issued by my mother. But the caterer has included my name also in the case. Can my name be removed from the case?



 6 Replies

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     15 October 2020

What type of bank account is yours. Is it a joint account or an individual account. Have you appointed an advocate for filing the sureites.

Are you liable to pay the cheque amount or not is to proved by the petetioner / complainant. when you are not satisfied with the service of the caterer you should not have issued the cheque.

To contest the case all the costs will reach to 20 thousand approximately.

You should have closed the case by paying the cheque amount with little costs imposed by the court. You can do it at this stage also. 


Prabal Kumar Biswas   15 October 2020

The caterer worked in my Marriage Reception Ceremony in January 2019. The cheque was given to the caterer by my mother from her own account (not joint). The cheque has signature of my mother only.

I have already approached the caterer before the 1st date of hearing in September 2019 and I was ready to pay the cheque amount. But the person is very greedy and vindictive in nature and more interested to harass me than coming to a peaceful compromise. He has not shown any interest for out of court settlement.

After that I hired a lawyer and got bail for me and my mother. We attended 3 hearings till date (last being in February 2020) and pleaded not guilty.

The lawyer hired by me was very casual in nature. He was even not showing us the bail papers and not even giving proper guidance. So I have discontinued with him. Next hearing is on 12/01/2021 for evidence.

I have even filed a case in Consumer Court against the Caterer in person in September 2019. The case is in the questionnaire by OP stage. His lawyer is deliberately lingering this case.

1) Can my name be removed from the sec 138 case since the cheque was issued by my mother from her own account?

2) If I submit a petition for compromise and compounding before the Judicial Magistrate on next date, will it be accepted if the caterer/complainant does not agree?

3) In that case, What should be my next recourse?

avadhesh Paliwal   16 October 2020

You should file a FIR against the party immidiately and file a application against the party in the running suit that party is threatening us ....immidiately so court can give you order of police inquiry.

Abhishek Gautam   18 October 2020

since your name is nowhere in the cheque u have no connection with the case. if u have video footings of the catering services u can use it as permissible evidence provided that the video footings are original disks and not the copy of original. You can file an affidavit before the court under tortuous liability for the mental harrassment being done even when u agree to pay the amount and court all the words spoken by the caterer. if caterer denies that he has not spoken to then also the settlement will be there and if he says that he wants his money back than also you can be free of all this mess. as court will not prolong the matter as the money is very small.. the lawyer you have hired seems to be very ignorant.

Prabal Kumar Biswas   20 October 2020

Is it possible to give a petition in court for compounding or compromise on my own without hiring a lawyer? Most of the lawyers I have spoken to locally seems to be very greedy and their main motive is to prolong the case so that they get regular supply of money. But I want to pay the amount of Rs.15,000 and get rid of all these. Is it possible to appear in person and submit a petition before the Judicial Magistrate for compounding or compromise?

avadhesh Paliwal   22 October 2020

Yes you dont require laywer in this proceeding or you can take any lawyer from your freinds that will help free of cost because there is not any time taken job if you are from jaipur please contact to me.....7976339610

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