vijay (consultant) 31 July 2010
my client has received the funds from his friend without any writing but by cheque.He has paid 70% amount.now the friend has filed case under sec. 138 chq. bouncing for full amount of 25 lacs.can it be transferred to civil court? hot to fight? on one piece of paper friend has in writing mentioned the amounts refunded to him.
Mugundhan (Lawyer) 31 July 2010
138 proceedings cannot be transferred to civil court. But you can effectively defend the case, using the evidence you have and get an acquittal.
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 31 July 2010
There are conditions to be fullfiled for NI 138 case to stand , in your case if even case is filed it can not stand in defense cross examination.
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