bhatwala (NIL) 26 April 2010

cheque bounced

I am new here & my english is not very well, but i need important help about my cheque bounced case matter. hope anyone giving me a proper guide.i will give loan [without interest] at years 2006 about 3,25,000 Rs. to my one of best friend. he never return me to that after long time go about more then year. after he will giving me four diffrant dated cheque. but all cheque is return from bank.because his bank avount had no proper balance. & i had do court case on him at 2008 january. case is still running without solution. his advocate offer me to giveing half money if i will return my case & solve case out of court. but i tell him no. he has a big house before till 5 months ago, & he aleways telling me he will give my all money when he sale his big house, but he will sale his house in private & he going to live in one rent home yet from last 2 month. & just before 7 days ago he will issue to me civil court notice. notice details are: he has nothing anything now & he want to be hands up. [ in gujarti words is NADAARI application]. i am very ordinary person. i have save my whole life amount for my little child opration. because my son had very critical problem of heamophillia disease. i will do many requast to him, althout he knows my all problem, but he will still wants to cheat me & here my son had getting to deep trouble without surgery, i cant do anything without wathing him. because my all savings is in under of my friends durty hand.i,m so helpless here. doctor said me to immidiatly need to opration of my son's legs, otherwisw his legs not work forever. so i just want to know only what need i do now? he will ready to give me only half amout of my principal amout. & he put me new notice of hands up. is this possible to declaire like this after sale his all propertys ? my advocate is also very trustable person for me & he know me & my problem very well, but my opponent is very durty things.i ask my lawyer about this notice, he tell me no problem. but my side my son problem is getting deep deep in day to day. i m so worryed about my amount because court accept his handsup notice so i have only one way to do suside.because my all life savings amount on my case desition.so please help me possible to urgent what need i do, & this notice is effect anything change of my case way? is that yes so i need to settlement my case out of court. or if no problem or no effect to my case, so i will continue with court gudgment. & i will manage my son opration amount from laon. please guide me, thanks in advanced.

Reply Follow

6 Replies

srikanth kumar bandari (advocate) 26 April 2010

I have read your case facts contents and after going through the same my sincere advise to you is already you have engaged your advocate and filed a cheque bounce case against your friend, if you wants to settle for half of the amount it is upto you, but as far as cheque bounce case is concerned if your friend has committed default as per N.I.act he will go to jail and at the same time the court may award double the cheque amout, but it is the discretion of the court. coming to NADAARI, petition I think it is an insolvency petition please do not panic reply to the notice issued by friend and if he happens to file a nadaari case also contest and the same and most important thing is enquire about his movable/immovable properties and bring to the notice of the court, in case your friend files a nadaari case, as far as your son ailing problem is concerned i cant help except showing pity and pl do follow as per the advise of your advocate. be bold and face the hurdles which come in life.

bhatwala (NIL) 05 May 2010

many many thanks for interest in my topic

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 25 May 2010

Please do not remain under the misconception that because you have filed case so you will get money or your friend have to go jail.

There are number of steps and stages which has to be crossed before your cases will come to final conclusion.

In the worst case if your friends chooses to go to jail what you will do, just nothing.

I am a defense advocate and I have experence to find holes in any NI 138 case. Any friend suffering 138 case is welcome to contact. Under our present legal system more clever persons take benefit if lesser clever person. Nobody is foolproof.

IF YOU HAVE DEFFERENT OPINION PLEASE TELL ME FROM WHICH SOURCE YOU GOT SO MUCH MONEY TO LEND AND WHY YOU GAVE IT. YOU HAD DEFFERENT MOTIVES AND SINCE THE THINGS DID NOT WORK OUT SO YOU ARE CRYING FOUL.

Law is not a mathamatical formula ; it works on various hyothesis and same set of evidence brings defferent judgments.

Sara Aiken (Insolvency) 27 April 2011

Involving with insolvency you can always sue your friend regarding with the owed money. You can get his property or the money, if you win in this battle. And, I know you will if you’ll just believe.

Thrust law group (lawyertrust) 28 April 2011

Beware about such type of things.

i have save my whole life amount for my little child opration. because my son had very critical problem of heamophillia disease. i will do many requast to him, althout he knows my all problem, but he will still wants to cheat me & here my son had getting to deep trouble without surgery, i cant do anything without wathing him. because my all savings is in under of my friends durty hand.i,m so helpless here. doctor said me to immidiatly need to opration of my son's legs, otherwisw his legs not work forever. so i just want to know only what need i do now? he will ready to give me only half amout of my principal amout. & he put me new notice of hands up. is this possible to declaire like this after sale his all propertys ? my advocate is also very trustable person for me & he know me & my problem very well, but my opponent is very durty things.

Regards Thrust law group | Phoenix divorce attorney