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Guest (n/a)     06 June 2009

N I Act 138

the applicant gave rs 50000.00 to one mr x on 1.5.2005 by cash as the same was well known to applicant.after great persutation x issued cheque on 18.6.07 of rs 50000.00 on name of applicant which was bounced due to insufficient fund on 27.7.2007. the applicant send regd notice to x on 14.08.07 which he refused to take as such applicant filed case on 11.09.07 against x which was on time.

applicant advocate gave a copy of complaint to applicant for cross examination.applicant submitted the chef in form of affidavit on basis of copy given by advocate.

at the time of cross x advocate asked various question the  main was -when the applicant send the regd notice to x on the basis of copy of complaint and affidavit the applicant answered the date as 19.08.07. since the date was written wrong on complaint 19.08.07 instead of 14.08.07 and in same was written in affidavit of applicant i.e 19.08.07 the x advocate strongly opposed that the notice send to x as told by applicant in cross and affidavit was on 19.08.07 and same was not present in file.now what to do any case law


 3 Replies

SUJIT KR. BHATTACHARYA (Sr. Consultant)     07 June 2009

IS NI Act is applicable on an INSOLVENT who failed to pay his debts.

1 Like

Zakir Hussain (Lawyer)     09 June 2009

Protection available under insolvency Act does not cover proceedings u/s 138 NI Act. Accused could not be absolved from criminal liablity u/s138 NI Act.

V.S.R.Deekshitulu (B.Sc, B.L)     09 June 2009

Mr Bhattacharya r u answering Jasvinder or posing another question?

For Jasvinder, simply because in the evidence the date was wrongly mentioned is no ground to disbelieve the evidence of applicant. The notice bears the date and the court can always look at the same. A mistake can always be expalined in a court of law so also an admission. Hence the wrong mention of date in evidence is nothing to do with the court appreciating a case as a whole. Hence do not worry about the case and the mistake committed inadvertantly.

Dr. Bhattacharya, though a man is declared as an insolvent there is no sheild for him to escape from the criminal liability under Sec. 138 NI Act. a complaint is always maintainable inspite of the fact the debtor was declared as insolvent or in the process of  being declared as insolvent. There are number of decision on this topic. May I of any help to you. then disclose you mail.ID and if you want copies of the same inform you mailing address

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