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.

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.


Company Secretary


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


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?


sir ,

i want in ni act 138

in case death of complinant


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.




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