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Harnish M. Rao (ADVOCATE)     31 August 2010

neg/138

Dear Sir,
       I am the advocate for defance i one neg-138 case, my quiry is as under
    1) case made by complainant for rs.25,000/- and in his cross-examination he admit that he had received rs.5,000/- from accused. now hisstage is over and my defance evidancestage is running, is it possible to make an application before the court seeking discharge us as complainant had already recived rs.5000/- although he made a complaint for full amount of rs.25,000/-
      I have go through verious judgment regarding part payment made but that judgment are with the fact of part paymentmade before depositing of cheque bycomplainant
so, I want an judgment of any high court or suprem court with the fact of part payment made afternotice but before court complain.
it is urgent reply me as early as possible     


Learning

 6 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     31 August 2010

Where is your place , and current stage of case.

Harnish M. Rao (ADVOCATE)     03 September 2010

sir ji, I am from ahmedabad- gujarat,

the case at the stage of defance evidance on last date F/s  stage is complited

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     03 September 2010

Please send all the papers before next date , I will draft questions for cross.

You can demolish any NI 138 case in proper corss.

Adesh Kumar Sharma (Senior Associate Lawyer)     10 September 2010

Mr. Shashi Kumar what do you think who you are?  Do you think you are intelligent enough. Please stop misleading the others on this forum. What do you think other Advocates appearing for the complainant are fool and only you have knowledge of law and specially law related to NI Act. And only you hav knowledge which can result into demolishing of the case. I wud say you know nothing about NI Act, I hav seen number of your reply regarding query of NI Act, you always try to mislead the visitors on this forum and says that send the paper you will prepare the cross examination. 

If you hav knowledge of NI Act, then provide the opinion on the discussion forum as per query. Other people are also Advocate and passed qualifying exam like as you passed. So please I wud with no offence again request you not to adopt such a conduct.

Do you know its professional misconduct under Advocate's Act, and your licence may be canceled for this. You can not force someone to send you case in your office for your legal opinion. It is one kind of advertisement which is clearly prohibited by Code of Conduct. You should take care of it.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     10 September 2010

If you can solve the you ask for the paper, we win NI 138 cases as a routine. And you if advocate doing bigger crime by threatening or showing your ignorance of law. Calling papers for opinion is no crime. Keep your language in check.

Adesh Kumar Sharma (Senior Associate Lawyer)     10 September 2010

Dear Mr. Rao, 

No one can present the complaint for full amount if any part payment has been received any any stage. I hav attached the judgment, wherein it was hold that the complaint in such a case is not maintainable.

Thanks


Attached File : 31 31 delhi hc excessive amount in cheque sec 138.doc downloaded: 115 times

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