LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

minak (md)     28 September 2011

Law of 138

hello sir

main chahta hun kee mujhe cheque bounce ka jo case hai 138ni act ke barre main koi nayi rulling high court kee hai woh kya hai uske barre main janna chahta hu kya doshi cheque amount court main  pay karke bari ho sakta hai. ya cheque amount kee koi seema hai kee 50000/- se neeche cheque amount wale case main doshi bari ho sakta hai pleace agar koi nayi rulling hai to jrur bta dijiye



 3 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     28 September 2011

contest the case you can win since the cheque holder do many mistakes.

It is easier for any accused of Ni 138 case to come out of it since it is very difficult for the complainant to prove his case but you have to face trial , once court notice is issued no quash is possible even at higher court. , unless you are ready to go up to SC.
PEOPLE LOOSE BECAUSE OF CARELESSNESS FROM BEGGINNING. THEY WASTE INITIAL TIME IN TAKING DATES ONLY. YOU HAVE TO INITIATE PROPER ACTION FROM DAY ONE WITH EXPERT LEGAL ASSISTANCE THEN WINNING THE CASE WILL BE EASY, SIMPLE AND SURE.


So complainant need not be over confident , it will be next to impossible to win any NI 138 case if contested aggressively by accused from day one since the case has to be proved beyond doubt at many points that is a) there was legal liability b) cheque was actually given by the accused from his account c)cheque was presented during stipulated time to the bank d) cheque was actually returned due to insufficient funds e) legal notice was given f) such legal notice was received g) thereafter proper pleadings are made and documents attached at first instance while filing the case.


Even if the presumptions are there in NI ACT the accused has legal right to rebut them which is more simple , sure and easy., and complainant make mistakes on one or more points/ steps., in over confidence.


(Guest)

JSDN,

 

Your answer is not according to the question. Why don't you clearly say, you don't have the ruling as desired by Mr. Minak?

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     03 October 2011

Mr Dhingra you are non legal person so can not understand , just remain satisfied with your false titles.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register