Soma (ta) 18 October 2012

Ni act 138

Need suggestion regarding ni act 138

Breif case history:
My brother got married to girl who had filled a 498a against all of my family member and demanded 5 lakh of rupees.We gave the girl 2.5 lakh and we got the bail as teh girl stated that she is living with us and all misunderstanding has been solved.Though this statement was wrong we got the bail.Then we had agreed upon the fact that once 498a is solved and my brother got divorce we will give he next 2.5 lakh.Due to ignorance we had given the girl next 2.5 lakh cheque as her family promised that they will encash this cheque once our condition is fulfilled.But after that...on teh stipulated date the mutual divorce didnt happen and also the 498a is also still not resolved we had made a stop payment for the next 2.5 lakh cheque.Then the girls family brought a case under n iact138 againt my father.

Please let me know what should we do.As my parent are aged they are worring if police arrest my father and do we need to take bail.

Thanks in advance.

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3 Replies

Advocate Rohit (Advocate) 19 October 2012

is she has sent a legal notice then you have to replyu to it through an advocate only. otherwise she may file a criminal case against your father.

has your family given anything in wiritng to her bout payment of Rs. 5 lakhs????? pls. confirm.

you may call me on the below given number.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Arvind Singh Chauhan (advocate) 19 October 2012

This step of them is a golden chance to cope with all the problems as 498, NI act,

But handle the matter very cautiously.

It is their contradictory behabiour as one side they allege that you ask for 5 lack.
and another side they have realized money from you.

You are liable under 138 only for legally enforceable debt, while the money envolve here is totally illegal.

Read the notice carefully & what they write- How this money is due on you and payble by you.

If they aserts in 498 that you have demanded 5 lack then, what about the money due from your side which is being paid through cheque. It is tottaly black mailing. It is not possible that one side your are demanding and another side you are paying.

Reply carefully through a lawyer. But be carefull that don't disclose their mistake which can be corrceted by them in later stage. Take the benefit of their mistake.