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ACCUSED138 (NONE)     24 February 2011

RELIEF AGAINST 138

Good Morning to All Respectives.

Please provide me some judgement against 138,

My younger brothers issued blank cheques & Non Judicial stamps to unlicenced money lenders, friends, knows. He also pay more then 5 to 10% flat rate interest to them. Now he unable to pay them.

Please...



Learning

 6 Replies

Arun Bansal (Soliciter)     27 March 2011

read this poct 

https://www.lawyersclubindia.com/experts/Cheque-stopped-Acctt-closed-Can-I-file-138-NIA-or-Order-37-or-both--144146.asp

Adv.Husain (Advocate)     07 April 2011

there are various judjments available just go through forum and u will find many...but its better if u consult your local lawyer to take pre steps to safeguard your brother..!

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     08 April 2011

Fight intelligently and you will win hands down.

ACCUSED138 (NONE)     11 April 2011

Dear Sir,

Actually,  i go to the advocate, but they didnot give us confidance for it. They did not say to save my brother against 138. they told only it, we will think..

Please give me some judgement order copy for it. i will go through their reference.

ACCUSED138 (NONE)     16 May 2011

Respected all,

please give me some advice about 138, my brother distributes blank cheque and stamps.

he already re pay the all amount but these are still due to high rate of interest.

Adv. Amit Anandrao Mahadeshwar (ADVOCATE)     16 May 2011

In your brothers case from the short information supplied by you following steps can be taken in order to set up defence- 

1. If your brother and the money lender is resident of Maharashtra, lodge FIR and a complaint under the provisions of the Bombay Money Lenders Act,

2. Lodge FIR with the local Police station setting forth the necessary details after consulting your Advocate. 

3. Inform the Bank to stop the payment of the chequues which your brother claims to have given in Blank Signed Condition. Of course the bank would issue such return memo only if you have sufficeint funds on such account. 

4. Issue a notice informing the correct state of affairs to the money lender and demand the cheques back from him. 

However, for more specific advice your documents and more information would be required. 

Regards,

Adv. Amit A. Mahadeshwar


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