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Mrinalkanti (Teacher)     17 August 2011

Cheque bounce NI Act u/s 138(b)

Someone took a loan from me 700000 on 1/5/2011.He gave me a cheque for 700000 dated 30/05/2011.But after deposite I came to know that the a/c was closed,for this reason I sent a advocate notice to him within 15days u/s 138(b) N.I. ACT.But no answer came yet.Now S.R is pending in courtPlease suggest me the next step.Actually I would like to recover my money,Is my proceedings correct??



Learning

 15 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     17 August 2011

First question will come that from where you got money and whether it is disclosed in your income tax returns.

We are for the accused and in your opinion and expereince it is not easy to win any NI 138 case for the complainant.

1 Like

ajay sethi (lawyer)     17 August 2011

file civil suit for recovery of money too .

1 Like

himanshu harbola (Comp. Sec.)     17 August 2011

file a criminal complaint u/s 138 N.I act , within 30 days of the expiry of 15 days of sending notice... also simueltaneously file a recovery suit under order xxxvii c.p.c.....

1 Like

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     17 August 2011

Filing and winning are two defferent things long and long in time space.

himanshu harbola (Comp. Sec.)     17 August 2011

sitting @ home while doing nothing wont fetch any solutions either...its always better to take legal recourse if u r a common man...other wise 1 can use his/her contacts alternatively.

himanshu harbola (Comp. Sec.)     17 August 2011

m sticking to recovery of money and  cheque bounces only..............

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     17 August 2011

Yes but advice is easy  but  to follow it is defficult since costs and time involved.

Somewhere you must accept realities.

Morevere it is normally not possible to believe that just on strengh of cheque such huge amount was parted.

1 Like

Mrinalkanti (Teacher)     17 August 2011

Thanks for your valuable advice.Can you please suggest me how can file a civil suit under order xxxvii??

himanshu harbola (Comp. Sec.)     18 August 2011

contact any reasonable district court civil lawyer.........

Hema (Prof)     24 August 2011

If the complainant has taken the check [which has only the signature of the accused(in front of the court)] from the so the called accused's house without the accused's knowledge and used that as a weapon to file the case against the innocent accused then what is the maximum punishment the complainant will get if the case is proven as a forgery case...

Appreciate your help.

R Trivedi (advocate.dma@gmail.com)     04 September 2011

Winning or loosing under S.138 is difficult. Please note that in pure sense S.138 is applicable when cheque is issued for some legally justifiable existing liability. Complainant (and I am sorry to say most of the time complainant counsels)) spoil the case for complainant. In your case matter would require some Loan Agreement, Some Interest Agreement and on top of that your financial ability to that amount.

I can help only if you send me a copy of cheque, your notice and plaint copy, Mail me at advocate.dma@gmail.com

R Trivedi (advocate.dma@gmail.com)     04 September 2011

Hema, 

First of all your reply to Notice is to be looked into. Since the word accused is being used, it means proceedings are on. Counter case can be filed under various IPC sections. But please send me the details at advocate.dma@gmail.com

Ankit @mka.asr (Prop)     12 September 2011

Dear JSDN .Please give me your correct email address as all emails sent at firmcation@gmail.com are bouncing back. 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     13 September 2011

there was mistake in emal ID which is corrected now.The correct email ID is

firmaction@gmail.com 


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