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sushrutha (pqr)     26 June 2011

U/S 138 of NI Act

Hi,

 

Hi,

My husband got summons under the ACT of U/S 138 of NI Act, when i enquired about the act i came to know that the act is for cheque bounce.  But my husband don't remember that  he has ever given any cheque to any one. we are residents of Hyderabad and we got summons from  Bangalore.

 

Can any one please suggest how to procced and tackle the issues with out effecting our professional life.

 

Regards

Sushrutha



Learning

 10 Replies

Arvind Singh Chauhan (advocate)     26 June 2011

YOU SHOULD GO TO THE COURT BEFORE THE DUE DATE, AND MUST INQUIRE.

IT IS MANDATORY BEFORE FILING A CASE UNDER 138  DEMAND NOTICE MUST BE SERVED TO YOUR HUSBAND.


(Guest)

@sushrutha

We cant give you legal answer as we dont knoe the whole facts about your 138 case.

Your husband have either given a cheque or misused by someone else may be.

Appear(Husband Must ) in the court and get the complainant copy and post the fact thereafter we can give the legal advise to you.

Also, hire an advocate ( who are dealing with cheque bounce cases)regarding 138 case.

sushrutha (pqr)     27 June 2011

Hi Arvind / Vyas,

thanks for the inputs...

My husband is saying that he has not any demaond notice prior, 1 yr back he got a post card and he ignored as he not never used cheques for any transactions...

will it be a serious act that my husband has not appeared infront of court, as we are from hyderabad we don't have any know people @ bangalore we are trying to identify soem one..

if you people are aware of any know good advocate who is expertise in dealing such kind of cases please share his contact details so that we talk to him and konw who has lodged this case..

eagarly waiting for early reply..

Regards

Sushrutha

 

 

ramprasad reddy. pottipati (Lawyer)     28 June 2011

Once the magistrate has taken cognizance with regard to the NI Act, automatically summons will be issued. Might it be the handicraft of the people inimically oppossed to your husband, first let u clarfy who is the complainant and what is relationship between your husband and the complainant and before filing the complaint there will be  a legal notice to be issued to pay the amount within 15 days from the receipt ot the notice which is a mandatory then within 30 days complaint will be forwarded to the concerned magistrate. First the complaint has to establish, whether the amount is a legal enforceable debt or not, what are the documents they filed first collect those papers then whether it is a good case for quash or not then it will be decided. Now imprisonment is mandatory and the court may impose double of the cheque amount (discretion of the court) to the complainant if the accused found guilty under section 357 Cr.P.C. Be careful.

sushrutha (pqr)     30 June 2011

Hi,

 

Can any one please suggest/ refer any lawyers in Bangalore to deal thi case..

 

Regards

Sushrutha

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     30 June 2011

first go to Babgalore and appear in the court get bail and copies of the case and than decide. Just possible that some loan is taken from some bank and they have filed case at bangalore.

Basavaraj (Asst, Manager-Legal)     04 July 2011

Madama Sushurtha,

I have gone through entire article, you need not to worry, dont be scare, this is bailable ofence only, ther is no need to give extra precutions for this.

If you scan and send that summos received from Bangalore Court, I can able to deal with your case, since im expretise in handling cheque boucne case at Bangalroe. Even my native palce is from AP. I know Telgu also.

 

Please note, you or your Hunsband need not to come to Bangalroe, I will manage to file application under section 205 despenstion of appearnce before the Court.

Please feel free to contact me at 09902880244

Emial: basu.9raj@gmail.com

OR give me your contact details.

With best Regards

Basavaraj

 

 

Basavaraj (Asst, Manager-Legal)     05 July 2011

Mr. SKJ-Advocate, i DONT KNOW YOU ARE FROM WHICH BAR. in our Bangalore without apeparance 205 application can be field. I have field lot of application without accused apeparance.

Would you be able to give explanation about that there were 60000 bogus NBWs issued. I am not aware about of it.

 

 

Mudduraj C (LAW PROFESSIONAL)     14 July 2011

Mrs Shushruta

never try to abuse the procedures of the Courts in the country. 99% of the cases happens with 1% negligence of the people.  find out that negligent part. Ignorance is never an excuse under the eyes of law.

 

Give the details of your case or scan the copy to my mail, so that i can reply you.

 

MuddurajRegards

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     05 August 2011

If you visit Bangalore you must be fimilar , it was a fronline news in all papers.


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