surinder (trader) 28 May 2008
Prakash Yedhula (Lawyer) 28 May 2008
H. S. Thukral (Lawyer) 28 May 2008
Guest (n/a) 28 May 2008
H. S. Thukral (Lawyer) 29 May 2008
Hemant Agarwal (email@example.com Mumbai : 9820174108) 29 May 2008
Guest (n/a) 30 May 2008
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 01 June 2008
Bhaskaran Advocate (Lawyer) 07 June 2008
Shashikumar its not Surinder who has lost the cheque, it is a guest who has put this question.
Surinder seems to be in real financial crisis.
There are cheaters on the prowl misusing cheques.
Your reply answers the guest.
Kiran Kumar (Lawyer) 07 June 2008
well Surinder u ll ve to move under Section 138 of the Negotiable Instruments Act.....simultaneously u can also ask for the necessary compensation by filing necessary application alongwith (under the relevant provisions of Cr.P.C).
in few recent cases it is observed that the compensation awarded was equalent to the sum involved.
civil suit remedy for recovery is always there.....and u can take both the remedies together.
pls consult local lawyer for the proper legal actions.
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 07 June 2008
As I understand the problem that a dealer has parted the goods against the cheques and cheques bounced and lost.Now the dealer is claiming that the debtor is a rouge and habitual in doing similar michiefs. And in this background I have given the reply.
I am a defense advocate and always on the side of the defendent. Law can not visulise all the contengencies and no law can be made to fit all the possible situations. Smart people try to take benefit from it.
It is easy to weep and blame to hide ones own stupidty mistakes or smart practices.
In most of the cheque bouncing cases the reciever of the cheque is either lends money on high intrest or sells goods on high profit. In even some cases gets cheque for giving new life to time barred claims.
As the laws enacted to help the woman are being now being misused by inlaws or corrupt administration so is the case for the law for bounced cheques.
If you investigate deep into any cheque bouning case , you will find some or other smart practice by the lender and the defendent/accused is helpless sufferer.
Bhaskaran Advocate (Lawyer) 13 June 2008
Shashikumar in that case no money should be advanced through cheques. And never lend money taking cheques. It comes to that end.
So ultimately cheques becomes so dangerous a thing that no one will do transaction in cheques.
And this is what the legislature do not want to happen.
In any case the borrower should never part with his cheque, and he should know that if he never repays the money borrowed he will have to suffer.
People lending money is their hard-earned money. Sometimes they lend curtailing their own expenditures. They are the first sufferers by parting money, and they get into more sufferings after lending.
So in these days when you lend money it never is repaid since the public moral values have gone to worst. Better put your money in Bank Fixed deposit or property or even Gold it will fetch good returns. Not in shares as it is bearish and the economy is in recession period.
Just live a peaceful life putting your money safely and not lending receiving cheques.
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 13 June 2008
Yes there are two aspects one is legal other is moral.
You should not mix both.
If you follow morals the money is to be repaid.
But the borrower cheats because of
one - he was trapped to give cheque which most of the time is always for more value than the actual amount. Why becuase no body lends money on charity. So interest amount is added in advance which most of the time is many times more that market rates.The borrower was in defficulty while borrowing and with addition of heaby intrest he just can not pay.
Two - the cheque is rarely a direct and simple transection. There are always series of tansections for goods or services plus some cash. Or if the cash was given initially it was small amount and got added with passage of time with adition of heavy intrest.
I have seen most of the cheque cases by co op banks co op societies and money lenders. The cheque is taken on the very first day. Now how a co op bank , credit society or money lender even legal money lenders suh as finance companies calsulate interest in advance. So the cheques are always for inflated amount.
The borrower is helpless to prove this since his guilt is prsusmed.
It is here that the defense advocate if does some hard work can bring all these facts on record and bring justice for the borrower.
Tipsy (importer) 13 June 2008
I fought a case under section 138 for Genuine cheque Bounce and I recovered
after 9 year i.e loosing in lower court and settling in High Court before judge ,
and if we both Accused and Complainant do not settle, High Court Judge told
us, are you ready for another 9 yearsI told him that my father is suffering from
blood cancer and I need money, and we had settle.
In short 138 is not easy even though it is fast track court- Think Twice,
money will double in 9 years and you will get original amount after 9 years. Thi
]is my persopnal experience