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veera venkata satyanarayana ( )     03 November 2021

Regarding ni act

Respected Experts,

I have a genuine query and placing complete facts before you. please help.

1) In year 2018 i  made bank transfer (internet banking) of 4 lakhs to my friend for 2/- interest. he did not returned me. I have bank account statement with me. I took 2 promissory notes each for 2 lakhs from him. 

2) almost 8 months back, he issued a cheque of 2 lakhs to me. but it got bounced back. I have decided to take legal action against him. sent lawyer notices and later filed cases in local court for both NI ACT and MONEY RECOVERY ACT. but because of corona he is not attending court and attending through bluejeans app.

3) He came for compromise and we have decided to settle matter for 6 lakhs in october month 1st week. i agreed. He transferred 3 lakhs to my bank account (internet banking) in 1st week of october. rest 3 lakhs he assured of transferring remaming 3 lakhs in october ending last week.

4) When he has transferred 3 lakhs to my bank account, i assured him that i will take back both the cases NI act and Money recovery act in lok adalat after he gives me remaining 3 lakhs.

5) now all of a sudden, he changed his words. he is saying that he will not transfer remaining money at all to me. and he will challenge me in court as he has 3 lakhs transferring proof with him.  as per him as NI act is filed for 2 lakhs cheque i cannot win it as he has done 3 lakhs bank transfer to me now and he is not talking about money recovery act case.

NOW please tell me,

Can I win the case now ? my local lawyer is saying that he will think of all points but not giving me concrete reply.

still both the cases filed by me are open. they are running.

i have whatsapp conversations and phone call recordings in which he agreed to give remaining 3 lakhs in october last week.

Please guide me.  he gave me 3 lakhs through net banking whereas he is supposed to give total 6 lakhs.

Please guide.

 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     03 November 2021

You can approach lok adalat. If they do not come to a settlement, Permant Lok Adalat shall decide the dispute. That means, PLA is not given the power to decide every dispute coming before it. Only those disputes where there exist elements of settlement can be decided by the Permanent Lok Adalat.


veera venkata satyanarayana ( )     03 November 2021

@Rama chary Rachakonda

Sir, honeslty I did not understand anything from your words. Still trial not started in court. now that the other person transferred 3 lakhs to my bank account, CAN I WIN IN NI ACT CHEQUE CASE ?  CAN I TELL IN COURT THAT SETTLEMENT IS AGREED FOR 6 LAKHS WHEREAS THAT PERSON GAVE ONLY 3 LAKHS. SO NI ACT CASE SHOULD GO ON ?

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