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Subrahmanyam Daruna   18 October 2018

U/S 138 NI Act

Sir, Received 10 lac as hand loan from my colleague in 2009 against 6-7 blank cheques. Paying interests through bank and cash. Paid cash for some principle. He didn't return my cheques. Due to loss in business, I sold all my properties, settled to bank and some panties. My colleague, forcibly with polically, and his unsocial elements, wrote with my relative on Rs.50 Stamp paper to pay 8lac against 10 lac as settlement deed and took our signatures. To survive my life from daily harassments, threatenings filed IP. Lawyer informed that sec 138 NI is differ from the IP. My colleague filed cheque bouncing case now, stated that amount he gave to me in May 16. Is there any forensic tests for age of cheques and signature of mine? Kindly suggest..


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 4 Replies

Subrahmanyam Daruna   18 October 2018

Sir, Actually I repaid entire loan amount to him along with interest through bank and Cash till Feb 16. He didn't return my cheques and filed cheque bounce case. Plz suggest.

Subrahmanyam Daruna   18 October 2018

Repaid amount through bank was 4 lac and Cash 10lac.

G.L.N. Prasad (Retired employee.)     19 October 2018

Now that you are availing services of a local Advocate in filing IP, you can take his guidance as many facets are required for guidance.  (If  you have declared his name and amount in petition filed by you before court and have receipts obtained from him, and  explaining the reasons for silence when your own colleague who has lent Rs.2 lakhs forcefully obtained such cheques from through unsocial elements)

Subrahmanyam Daruna   21 October 2018

Thanks for reply Sir. I mentioned in IP case, my colleague name, loan amount taken during 2009-11, and total repaid by end of Feb '16. Also mentioned that he didn't return my blank cheques and he adjusted that total repaid amount to interests and harrasing me for 10lac principle amount. But he didn't attend to court even single time in IP case. Court remained him as experte as one of Respondent. Now he is mis-using of my old blank cheques (2009-11). He wrote himself on one cheque as 3.50 lac. It was bounced. He didn't file any case. After he wrote one more cheque for 2.50 lac and filed a cheque bounce case, where he mentioned that he gave me 10 lac as hand loan in Mar '16 and showing (forcibly taken) Settlement Deed for 8 lac. SPL Magistrate will examin me on 24.10.18. Can you please advise any previous judgements or points to my further proceedings.

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