niranjankumar (advocate) 02 September 2012

N.i.act138

I orally ordered for two laptops with third person and gave cheque for Rs.75,000/- .that the cheque should present only after the laptops delivered.but the goods not delivered to me ,I forgotten to take back the cheques, I went to out of country and stayed there for three years and returned to India. I was shocked to know that the third person purchased laptops from a company and deposited my cheque the cheque was bounced so i am attending the court for offence u/s138 of N.I.act. Please suggest me how can I defend myself?

Reply Follow

3 Replies

Arvind Singh Chauhan (advocate) 02 September 2012

You can plea that you are not liable for any legally enforceable debt, as you never received any article in lieu of these cheque.

(Guest)

whose name he punched said laptop and when he purchased at that time in which country and where you were.
Who sign the bill receiving. Collect the evidence.
If he purched in his name than how can he gives your cheque for get amount.- In this situation you are safe.

For perfect advice disclose all facts.

Biswajit Kumar Patra (Advocate) 03 September 2012

Dear Niranjan,

In an 138 Case courts generally see two things:

1. compliance of the mandates of the provision (30-15-30)

2. whether the cheque amount is a legally enforce debt

In your case with the above information it is impossible to say whether the complainant has complied with the first criteria or not. But however yours is not a legally enforceable debt for which you are liable to make any payment.

Further it can be suggested that you must get an FIR registered against the Complainant in 138 case, for fraud.

Biswajit Kumar Patra

Advocate

9910193233