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dEFENCES US 138 OF ni aCT

Page no : 2

Basavaraj (Asst, Manager-Legal)     09 June 2010

Dear ‘We for you’

 

I would not deny that you won a case of NI Act 138 on one very minor point which is ignored by most the seasoned advocates.

But how can you say that the validity of the cheque was earlier than six months. Even Act itself says that “the cheques should be presented either within 6 months of issue or before its validity which ever is earlier”. Please note that the NI Act does not act separately for you and for your cases. Let me know which case you won and provide me the judgment copy then I would agree with you.

 

Further note that expect Hon’ble Supreme Court of India, no subordinate courts have right to make legal binding judgments/orders on this kind of issues. And already the Hon’ble SC given its guidelines in several case laws on this issues, please go through it to avoid such confusing advise.

 

Kindly try to give valuable advise rater than making advertisement about ‘We for you’.  

   

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     09 June 2010

What Mr Basavraj, I think you have stated that Reserve bank has made a law that every teransection above Rs twenty thousand should be by written agreement, can you produce that law direction  THAN ONLY TALK FURTHER.

Please also read do or donts of this forum , you can give your opinion but can not criticise others.

Basavaraj (Asst, Manager-Legal)     09 June 2010

 

Dear ‘We for you’

 

I would not deny that you won a case of NI Act 138 on one very minor point which is ignored by most the seasoned advocates.

But how can you say that the validity of the cheque was earlier than six months. Even Act itself says that “the cheques should be presented either within 6 months of issue or before its validity which ever is earlier”. Please note that the NI Act does not act separately for you and for your cases. Let me know which case you won and provide me the judgment copy then I would agree with you.

 

Further note that expect Hon’ble Supreme Court of India, no subordinate courts have right to make legal binding judgments/orders on this kind of issues. And already the Hon’ble SC given its guidelines in several case laws on this issues, please go through it to avoid such confusing advise.

 

Kindly try to give valuable advise in this forum rater than making advertisement about ‘We for you’.  

   

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     09 June 2010

First of all you are on salary of a company using companies facilities to take part on this site. Please first furnish the authority of the co for which you are working to do so and than ask us for copies of our cases which we have not one but in hundreds.

Basavaraj (Asst, Manager-Legal)     09 June 2010

Please also read do or donts of this forum

(Guest)

Offence of Cheating can be charged even if the cheque was given voluntarily on the false promise made by the culprit. Plz read s.420 I.P.C first, then you will agree with my suggestion.

Basavaraj (Asst, Manager-Legal)     10 June 2010

Yes I agree with Mr.gurunarayana rao. section 420 of IPC is very clearly made on this issue.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     14 June 2010

In such cases as I have explained elsewhere do a mock trial of cross examination. Frame leading questions in such a manner that the answer should be yes or nop Try to get a series of yes or no. Many times defense advocates cross without prepration and in the process evidence is obtained against them.

Law is at its place. But courts go on the basis of evidence on record. So defense must utilise all the opportunities to take advantage of the mistakes of the complainant., which they invariably do.


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