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nasir (businessman)     11 September 2012

Misuse of 138 law

 

MISUSE  OF  138 (NEGOTIABLE INSTRUMENT ACT )

 

With the awareness of law my partner has misused this  138 law and trapped me in the fraud case. I m fighting since 10 years of justice but in vain.

 

My signed blank cheque was there with my partner Mr. M. Maknojia, with the intention of greed he wrote the amount Rs.4,63,000/- with the name of his own blood relation brothers company and deposited in the bank.

 

As our partnership was not in good terms I asked for disclosure of accounts as he had all the details, to avoid this he misused the cheques. The cheque was with him prior 2 years and the year written on cheque is  19__. He could not rectify(it require my signature) and just wrote 02. So the cheque became of 1902. He deposited the cheque in 2002. The cheque is time barred.

 

And to prove the liability he made his brother Mr T. Maknojia to make fake bills haywardly. There was no PURCHASE ORDER, no DELIVERY CHALLAN, no ACKNOWLEDGEMENT RECEIPT, no TAX LIABILITY, no SALES TAX PROOF is been provided in the court as he don’t have any.

 

The bills are from 1996 to 2000 and 116 bills has been produced which does not tally with the amount of the cheque. The amount of Rs.4,63,000/- is proved no where as liability.

 

However  in trial court I was about to win but he fraudulently my advocate didn’t allowed me to produce any document in the court. I lost the case in Trial court. Paid 2,50,000 in session court n filed the appeal in 2009. And also an Misscellenous application for submitting the document evidence to support the case. Again the M/A was rejected in session, high and supreme court. So we could not submit any document.

 

On 10 sep 2012 the session court didn’t look for any points and charged me under section 138 and 3 months of conviction.

 

I m paying Rs.6,00,000/- in the session court (make sure the cheque amount is 4,63,000 but still I am paying more as I m fighting for justice).

 

Is our justice totally blind and easy to be misused for innocent people? I am afraid and seek help from the knowledgable peole for my justice.

 

This I am doing it for the innocent people who are trapped in 138 cases by greedy people like my partner.

 

Myself N.K.Godiwala

E Mail: iwantjusticefromlaw@gmail.com

 



Learning

 9 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     11 September 2012

 

"Accused person to be competent witness

Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial. My suggestion is go to appeal to higher courts.

1 Like

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     11 September 2012

Many accused make the mistake of fighting at the last moment when all stages are gone.

Once you admit  the cheque , its bounce and notice your defense is limited.

At the thresh hold you can even quetiion the cheque document  but for that no proper cross is not taken.

 

Even at this late stage study the case throughly and go to higher courts for setting aside the conviction.

nasir (businessman)     11 September 2012

@rama chary sir,,, i m going for high court with revision,, but i m afraid whether my case would be considered or again i have to face the conviction,,,which i deny cos i m not guilty at all... wat regarding the oath in high court... can u plz explain me... thanks and regards 

nasir (businessman)     11 September 2012

@solve problems so should i leave all the hope..and get convicted... i am not guilty at all..but than y my honourable court not listening my plea... the cheque is written by four person... theres no tallied liability,,,no tax liability,, nothing just fake bills. so wat should i do??

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     11 September 2012

Hi ,

You pl dont worry , mind one thing that court can see and heer each and every thing , provided you must know how to do it . So you are advised to contact a good lawyer who knows cheque bounce case defence properly. You must be on bail . If you dont have such good lawyer in your area than tell me i can suggest good lawyer in Chandigarh , cosult him , you will be certaily out of it.

R Trivedi (advocate.dma@gmail.com)     11 September 2012

These 116 bills on whose name ??

Date on which this cheque was issued (Taken off from cheque book) ?

 

Whose cheque ? Your partnership firm or your personal account ?

 

after 498A, this NI act has also become quite troublesome.

nasir (businessman)     12 September 2012

@R trivedi sir, thanks you sir,,

116 bills are drawn on partnership firm.. means i n my partner both are involved in the bills...as per partnership act..

the cheque was issued in 1999 as the cheque book is issued in 4/8/1999... the date on cheque is 12/6/2002 but deposited on 18/10/2002....the cheque is from partnership firm account...

nasir (businessman)     12 September 2012

I want to fight,,, as this law is taking my liberty and my partner is freely sitting cos he knows nothing i can prove as court do not have time and dont listen to me

vijay (partner)     30 September 2012

hi, just get a very good lawyer , n u have to see it that all your points have to be said in court, even if u r lawyer doesnt say u have to say all this at any cost and u will be free......also study some case similar and give their examples.....


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