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Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     25 August 2012

Insufficient legal enforceable legal liability

Hi . A cheque case was in court for Rs. 10,000/- from 2004 , accused surrendered himself with compromise  by paying said amount in Court and complainant accepted well and took back the case on dt. 05/10/2010. Same Complainant had another blank cheque in custody , he presented a cheque of Rs. 70,000/- on 23/09/2010 (returned ), notice on 07/10/2010 , complaint and sworn on 03/11/2010 with the claim of outstanding of Rs.74,505/- towards accused everywhere . Complainant submitted in court during proceedings ,  two years ( 01/04/2010 to 31/03/2012 ) record of accused showing same outstanding amount of Rs. 74,505/-. But Complainant skipped to take credit of Rs. 10/000/- in his books of accounts , so recieved in Court by the settlement of earlier case . He maintained throughout outstanding as Rs. 74,505/- instead of Rs.64,505/- , just to keep the accused under the limits of 138 NIA , instead of civil proceedings. ( next stage of case is cross examine )

Q1 : How effectivally and at what stage Sec. 340 CrPC R/W 195(1)(b)(i) & (ii)  will work ? 

Q2 : How 138 NIA can to be put to end ?



Learning

 5 Replies

Vinoba (Advocate)     25 August 2012

Sir/Mme,

Whether your client has pleaded about the existence of a blank cheque {with cheque number} with the complainant in the previous proceedings.

Vinoba.L

Advocate,

Pondicherry.

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     25 August 2012

yes why not , but cross is still pending , 

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     25 August 2012

You can demolish the case by clever cross, take assistance of an adocate who is expert in cross.

As a rule many advocates in over confidence and lack pf prepration take cross whichis damanging to their own client.

Manu (Manager)     28 August 2012

Hi,

I  issued a cheque dated 20/07/12 to my credit card company. On the basis of my salary cheque dated 16/07/2012 but my salary check returned unpaid due to which the cheque issued to the credit card firm also returned un paid due to insufficient funds. I acknowledged my mistake and paid my credit card firm in cash on 29/07/2012.

But still they sent me legal notice under sec 138 NI to pay the amount.

What are my options in this case and what shall I do?

Do i still have to pay for what i have already paid?

Thanks and Regards,

Manu 

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     28 August 2012

Manu , 

That cc company must had did this by mistake , otherwise no bank or nbc is fool , you just sit and do't worry.


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