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RAMESH AGGARWAL (ADVOCATE)     07 December 2009

DISHONOUR OF CHEQUES

THE CASES UNDER THIS SECTION ARE NOT FILED PROPERLY & DONT COMPLY WITH VARIOUS TECHNICALITIES OF THE NEGOTIABLE INSTRUMENTS ACT.


THAT DUE TO NON COMPLIANCE OF VARIOUS REQUIREMENTS OF N. I. ACT , IT IS A CLEAR FACT THAT THESE CASES DELAYS A LOTS FOR YEARS & MANY A TIMES DISMISSED OR QUASHED BY HIGH COURTS ON MANY TECHNICAL GROUNDS.


ITS MY PLEASURE TO SHARE WITH YOU SOME TECHNICAL GROUNDS ON WHICH THESE CASES ARE QUASHED BY THE HIGH COURTS. A FEW OF THEM ARE AS FOLLOWS :


* COMPLAINANT DOES NOT FILE HIS CASE PROPERLY.

* COMPLAINANT CANT PROVE THE DEBTS / LIABILITY OF THE ACCUSED REGARDING THE CHEQUE AMOUNT.

* COMPLAINANT IMPLICATE VARIOUS DIRECTORS IN THE CASE JUST TO HARASS THEM BUT DOES NOT ALLEGE SUFFICIENT ALLEGATIONS AGAINST THE DIRECTORS.

* MANY A TIMES DUE TO MALAFIDE INTENTION COMPLAINANT USES THE SECURITY CHEQUES / POST DATED CHEQUES AS LEGAL DEBTS BUT HE CANT PROVE HIS CASE.


MOREOVER THERE ARE MORE JUDGMENTS IN FAVOR OF ACCUSED PERSONS. FOR INSTANCE , ACCUSEDS CAN BE GRANTED PERMANENT EXEMPTION FROM PERSONAL APPEARANCE BEFORE THE COURT ON SUFFICIENT GROUNDS. MOREOVER , WARRANTS CAN BE CANCELLED AGAINST ACCUSED WITHOUT HIS APPEARANCE BEFORE THE COURT ETC. ETC..


THERE ARE MANY VARIOUS OTHER TECHNICALITIES ON WHICH THESE CASES CAN BE QUASHED / DISMISSED / DELAYED BY THE ACCUSED.


 

RAMESH AGGARWAL,ADV

9818180747.



Learning

 21 Replies

Anish goyal (Advocate)     07 December 2009

Nice info sir

samir joshi (Proprietor)     08 December 2009

dear sirs,

I have taken personal loans for my own purpose but the loan has been expensed for the

treatment of my mother. She is suffering from Hyper tension, Diabities, and other diesies.

she is suffering from psysophinia too.  Now  a days i am not able pay any of the amount to

the banks. I have given them cheques for security purpose. I wish to know that, if they

legal process against me, i dont know what will happen.

Still my mother is alive and in the same condition. she is taking ICU treatment at my home.

with the Oxigen Cylinder, BP machine, Glucometer and medicines. I am taking care of hour

and giving ICU Treatment.

So guide me sirs,

thanks

Durgesh (lawyer)     08 December 2009

Dear Samir,

Explain ur anxiety to the bank and request not to deposit the said security chk into the bank.

Regards,

Durgesh(9221043911)

Durgesh (lawyer)     05 November 2010

Originally posted by :Durgesh
" Dear Samir,
Explain ur anxiety to the bank and request not to deposit the said security chk into the bank.
Regards,
Durgesh
"

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     07 November 2010

Excellant Mr agrwal , I am of the firm opinion from my expereince in Ni 138 cases that any case can be demolished even in cross.

It is the careless ness and guilt complex of the accused and his advisors that cases are lost.

cases are not won by the complainant .

welcome to post your problems if you are an accused in NI 138 cases any where in India.Our expert friends will assist you to find a way out without any obligation whatsoever.

Anil (Manager)     08 November 2010

I have a prop. co.

We have bounsed a PDC cheque given to our supplier for Rs 1,40,000/- one month back due to geniune financial problems,

We have asked our supplier to give us one month more time, but they have sent us notice today (I think to intiate regal action) However, I didn't receive notice from the postman.

Please advise what can I do legaly to save our side till the time, we make payment.

 

Thanks

nisha bansal (LAW OFFICER)     15 November 2010

mr. anil, keep one thing in mind firstly... you have to pay your obligation.. secondly reply the legal notice by asking time for payment and not to deposit the cheque again ask the supplier suffciant tme and arrange money meanwhile and pay back....  if there is any problem in using the supplies let us know for further consultation

 

regards

Sunil (Manager)     17 November 2010

Dear Shashikumar Jee,

In my case, one of my very old chequebooks was illegally confiscated by a close relative, recently.  I was not even aware until I received a legal notice by the complainant's advocate saying that according to his client, I had taken a loan in a certain amount (no other details provided like date of loan etc:) and given post dated cheques to the complainant which had now bounced for insufficient funds.  The cheque numbers and the date on the cheque and the amount was provided by the complainant's advocate.  I never gave any post dated cheques to the complainant. I never asked or accepted any loan from the complainant. This is a very old chequebook which I had not used for more than 5 years.  What lines of defense can I take in case of a case filed against me? For sure, the date on the cheque cannot be in my handwriting nor the name of the payee nor the amount.  Rest, I do not remember anything. The complainant's advocate mentioned in the legal notice that I had given postdated cheques. But, I never filled out the date in my handwriting.  I do not know who did.

 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     17 November 2010

Well if case is filed you have to appear and defend but you take precaution from begining no conviction possible.

Sunil (Manager)     17 November 2010

Shashikumar Jee,

 

Can you please highlight some of those precautions, for every one's benefit. Kindly give some concrete examples applicable to this case.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     17 November 2010

Your case seems to be very simple as details given by you , the complainant has to prove the existance and legality of dues.

Sunil (Manager)     18 November 2010

Thanks Shashikumar Jee.

I have to wait and see if a case under section 138 is filed against me, on fraudulent grounds and the claimant is stupid enough to believe that our judiciary cannot separate the milk from the water.

By the way, will it serve any useful purpose to file a police complaint against the complainant, for theft, forgery & cheating or should I just wait & watch.

T.R. Ganesan (Advocate)     18 November 2010

Dear Mr. Ramesh Aggarwal,

I have taken note of the in the matter of dishonour of cheques. I would request you to mail me High Court judgements in favour of Accused.  My e-mil id is ganesan.t.r47@gmail.com

Many thanks,

T.R. Ganesan (Advocate)     18 November 2010

Dear Shashikumar,

What are the possible defensive steps can be taken in case of dishonour of cheques at the

begining to avoid conviction. 


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