Kumar.............. (Engineer) 24 August 2011

Query on ni act 138

Dear respected lawyers,

i already filed NI 138 case against my friend who took the money in 2008 and not returned to me and he dragged me for a long time. then i filed a case in Mar 2011 and given a case number on 25/6/2011 and judge ordered to issue the court warrant. I filed the other case and also given a number on 29/07/2011 and issued a court warrant. in the first case , he received the warrant and the second he refused to take and return. So my question is in the second case, Is my winning chances are more since he refused the court warrant? then what is the next further steps. Also in the first case, what are all the next processdings? please guide me. How much time will take approximately for the judgement????

Looking your valuable answer in the easy understanding way please

S.Kumar

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5 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 24 August 2011

Winning is more easy for an accused in NI 138 case, just issue of warrant is just initial step for which he can appear and can take bail.

baldev singh chhabra (Chief Associate Advocate) 24 August 2011

Mr. Kumar,

In cheque bounce cases under 138 NIA, the chances of winning remain more in favour of complainant if the cheque is a clear cut executed cheque and the pleadings are made to the point and in accordance with the requirements prescribed in section 138. It is also important that the documentary evidence should be led to the point and irrelevant cross questions put by defence cousel are pleaded by your lawyer, not to be taken on record. All the pleadings tobe filed from time to time in the court should be skillfull pleadings. I refer you to one of the best lawyers having authority over 138 matters, who can help you through internet and I’m sure he will be helpful to you to get the case won in your favour by guiding you property. He often says that properly fought NI case the judgement can be got within 15 hearings. You may contact him on singhamar700@gmail.com

B.S.CHHABRA, legallhelpp@gmail.com 09636559976

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 25 August 2011

All told please do not be under misconception that winning a cheque bounce check is easy and so simple.

Partho Bhattacharya (Director) 25 August 2011

Dear Sir, Please advise me on the following things: 1. My company was given a business loan by Tata Finance Limited at Delhi but after repaying it for 24 months the business of the company collapsed in the year 2010 and since then the company was unable to EMI's to the Finance Company. 2. The Finance Company filled a case under NI Act 138 at Jaipur which is came to my knowledge when Police came to my residence along with Warrant. 3. I have not received any summon from the court neither recd any legal notice from the company. 4.Please advice what step I should take against the company which got an order from Jaipur Courts whereas the cause of Action arrises at Delhi only as per the law of jurisdiction etc. I am waiting for your urgent reply. With Best Regards Partho Bhattacharya Delhi 08802147294