s.138 case, loan paid but case in court, proced. for crime

You may face counter action.

sir,

why I can face action as case is 4 years old, and accused paid loan amount in another  recovery civil  execution case.

Now I want to teach him a lesson for insulting the Indian Law as he didi a crime by dishonouring the cheque.

I am confused in that matter as if  I  dont want to withdraw my matter what for the case run, for imprisonment or for fine, or for  cheque issued amount which is not a legally enforcealble debt  right now(but it was leg enforcble debt at the time of filing case )

the person belongs to many other defaulters who are watching him anfd I want him to face legal punishment whether in terms of fine or in terms of imprisonment as any other defaulter hesitate to do such thing.

thanx for supporting my query. 

pls guide me it is urgent

A finance company lends money and should be interested in getting back the money. Just that and only just that.

The malpractices by finance companies in India, is too well known that they obtain forcibly blank signed undated cheques from borrowers and use them instead of the civil action as per agreements, which often contains arbitration clause, the arbitrator being appointed by the company itself and proceedings held at the headquarters centre of the company. Cheques are presented at various centres in India, through their branches, just to create criminal jurisdiction and multiple Section 138 proceedings are launched. Arbitrator, who is an in-house lawyer usually, and who is only His Master's voice, enters reference. Section 9 Arbitration Act application is filed in the Civil Court/High Court at Company's Headquarters centre and ex-parte injunction is obtained. Goonda elements employed by the company posing as recovery agents seize the assets financed, without providing a mahazar or recipt and the assets are sold without any intimation to the borrower at rock bottom prices, often with under hand dealings with buyers, the company officials pocketing the ill-gotton gains. Over and above, spurious criminal cases are launched against the borrowers for criminal breach of trust, often as PCR u/S 200 of the Code of Criminal Procedure, with a prayer for reference u/s 156(3) to the police and later with police help, and bribing the police, the borrower is intimidated and bullied.

Now this strange question that even after fully getting repaid the finance extended a case u/s 138 is sought to be pursued to 'teach a lesson' to the 'criminal'.

The finance companies from my brief narration of their practices as above are worse criminals than the borrower, who could not meet the amount of the cheque forcibly obtained from him blank signed, which fact is, I surmise, deliberately suppressed in the question.

This forum should not be allowed to seek advice on the proposed action based on pure vendetta and no actual claim. Cease and desist is the only advice, I can sincerely provide.

You are right this is happening on all India basis.

What is so urgent Seema?

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com