Civil Procedure Code (CPC)

help me in 138 N I Act


 

Respected sir,

 

                         I have been accused under 138 ni act, in the year 1996 our father took a loan in NBFC 

 

                         where my elder brother was the  Ist guarantor and i was the second guarantor. In the year 2003

 

                         my father passed away and in the year 2006 my elder brother also passed away. Now without 

 

                        the notice to me they appointed arbitrator, on the decission of the arbitrator the NBFC charged 

 

                         me 7,50,000/= the original loan was 300000/=. some how they managed to take a my  signed 

 

                       cheque. Now  i donot how to manage the situation. Now the said NBFC(non banking financial

                       corporation) is also in trouble they have not paid the amount to the depositors.   

 

 

 

                     Thanking you sir.

 
Reply   
 
practicing advocate

Whether cheque is bounced? Have you received any notice  under 138 of NI Act?  If these two are not, then write a letter to the bank to stop the payment of the cheque mentitoning the number of the cheque issued to the NBFL and send the copy of the same to the NBFL.  You have to mention the grounds to stop payment.
 

 
Reply   
 


Company Secretary

Sir,

Whether stop payment does not results in any civil action. Kindly throw some light on relevant provisions.

Thanks.

 
Reply   
 
HR assistant

Dear Ramesh Pai: with all the sympathy for trouble having fallen on you, if you are the guaranter and issued cheque to NBFC and if the cheque has been bounced then you are liable u/s NI Act 138.But please don't raise vague queries and if some memebr/expert wanted to help you then it becomes your duty to furnish him the details.How can you expect suggestion if you are not transparent?

 
Reply   
 

sir ,

i want in ni act 138

in case death of complinant

 
Reply   
 
POWER OF DEFENSE IS IMMENSE

If case if files appear and contest with proper legal aid you can come out of it.

And as suggested by other expert  that if you want help and proper advice you must provide all the details.Mere crying to seek sympathy will be useless.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Civil Litigation Course     |    x