dr. hymakar 16 October 2017

Ni act

respected sir,

me, doctor by proffession has helped a huge amount >50L to two of my best friends five years back
for a grave need of money. we were family friends for fifteen years and sharing a business all these
years. i took cheques and promisory notes from them for my safety.

Now, i requested them to give my money back but.. they did not respond.. and they are not at all interested to

give my money back

I sent a notice through a lawyer and in reciprocation..i received a notice stating that they took only five

lakhs and they also repaid it back in the presence of two witnessess and they also stated that i am liable to

criminal charges for not giving back their cheques and promisory notes

please.. i humbly request for help in this regard

Reply Follow

8 Replies

manoj 16 October 2017

there is a limitation for NIACT cases and for filing suit it should follow limitation strictly. while taking cheques from your friends what proofs do you have, are you having any evidence to show that the transcation is a legal enforceable debt. the cheque is supported by evidence i.e., promissory note or letter etc., other wise you have to work hard to prove your case. Your friends cannot take any action against you. you file complaint before the court without delay.

manoj

advocate

8686159292

dr. hymakar 16 October 2017

Manoj sir, Highly thankful to u for the response.. I filed the case already and please suggest me which proofs should I keep ready to win my case?

(Guest)

Sir, the evidence part plays a prominent role... in ur case...

G.L.N. Prasad (Retired employee.) 16 October 2017

First have confidence. The burden of proof on the other party is very weak. It is not easy to establish that Rs.5 lakhs were paid, as it should be sufficiently supported by adequate account books, income tax and other considerations of generating such income on that date. They may want to encash your innocence and playing tricks to evade payment.

Contact your advocate and he might have seen thousands of these old tricks and games of borrowers as the stand is one and the same by all defaulters.

M.Sheik Mohammed Ali (advocate) 16 October 2017

Hi,

As per your statment you gave 50Lakhs, if you have proof and showed income tax return, if you have all the proof, then you file NIA138 case. you will succeed your case

1 Like

R Trivedi (advocate.dma@gmail.com) 18 October 2017

What case you have filed? And what specific query you have now after filing the case?

R Trivedi (advocate.dma@gmail.com) 18 October 2017

What case you have filed? And what specific query you have now after filing the case?

Vikas Hedau (Advocate) 24 October 2017

First of all keep your fingers crossed , if any vigilant lawyer came against you. First thing is you admitted that loan was given 5 years back and second limitation for recovery of any loan given is 3 years and if u even have cheques they are for a time barred debt and 138 is for legally enforcable debt and your debt has become time barred and if cheque is issued for a time barred debt and it is dishonoured the accused cannot be convicted under Section 138 of the N.I. Act. simply, on the ground that the debt is not legally recoverable–

But keep in mind one thing tell your lawyer to keep that debt within limitation while filing complaint because judgements of supreme court are clear on that issue

1 Like