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SRIBHASKAR (LIFE & HEALTH INSURANCE ADVISOR)     19 November 2014

Stop black money in india

IF SOME CHANGES IN NI ACT MAY STOP BLACK MONEY IN INDIA FIRST.

THEN WE CAN TRY FOR OVERSEAS BLACK MONEY.

FIRST LET US CLEAN OUR HOME THEN THE VILLAGE AND COUNTRY.



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     20 November 2014

What do you want to say?, where is your query, do you want any opinion to your opinion?

1 Like

SRIBHASKAR (LIFE & HEALTH INSURANCE ADVISOR)     21 November 2014

Its a opinion and my question is that why 138 NI ACT cases going toone side justice always in favour of complainant only

As a Citizen of Indsia I want to reduce pendency in the Indian courts at the root level and STOP accumilating of BLACK MONEY TOO.

Here is the solution for our idea. Basically i studied some of the NI Act Cases where the judges and their offices can cut-off at the time of filing itself.

Moreover all the cases are going in favour of the complainant only.

Hence all are approaching the courts becoming heavy pendency of the cases even though so many FTCs constituted. Here is the example case.

 i  want to bring to your kind notice to review this sample case.

  It is true that the A case was filed in 2013 under 138 NI Act against a government servant.

 COMPLAINANT is threatening to send the ACCUSED to jail. So that the ACCUSED may lose the job and fall on his feet.  Because there is no justice for the accused except conviction in 138NI Act cases in FTCs.

 When helping to ACCUSED the COMPLAINANT says without interest Aas hand loan but with a condition to issue blank papers like cheque and pro-notes.

 As there is no choice by having faith issued and took the amount.

 At a later stage COMPLAINANT misused the same and filed a false case.

  From the day one ACCUSED accepted the amount what he given and what returned too. But no JUDGE/MAGISTRATE will hear complainant words except the complainants words.

Always COMPLAINANTs misused the blank papers keeping some bad intention in mind.

 In the courts conviction to ACCUSED only even though it is a false case.

 To prevent and give justice to real  persons please if 

 Checking of  the writing on the cheque and promotes and signatures too. 

Ask the complainant to produce the handwriting expert opinion at the time of filing a case .

Then  the court  know the actual picture of the case.

If they file along with opinion of handwriting expert then the court allows particularly in individual cases (exemption to be given for BANKS, NBFC’s etc.)

Automatically then filing of the 138 NI Act cases comes down sir.

 99% of the 138 NI Act individual cases are like this only. If it happens some cases may come down in pendency list.

You are aware that any govt. Servant convicted then the servant loses job. Their entire family will be in trouble.  By fearing the convictions the Accused (so far calling) losings time money and the complainants enjoying.

Before giving any conviction to the accused in 138 NI Act cases kindly these also to be considered.

Justice is favouring one side only in these cases.

BY THIS NOT ONLY THE CASES COMES DOWN BLACK MONEY IN INDIA ALSO COMES DOWN. WE NEED NOT ASK HELP OTHER COUNTRIES IN GETTTING THE BLACK MONEY........

Some suggestions in filing a 138 case.

1. Handwriting expert opinion must be attached in regard to signature and other scribes comparison at the time of filing in particulkar INDIVIDUAL CASES.

If that satisfied then the court can accept and convict the accused

2. This condition to be excempted for firms,nbfc and banks too be cause they sanction a  loan they can not write a cheque more than that amount. They need to attach the loan account details while filing a 138 case.

THE INDIVIDUALS COLLECT ABOVE 3% MINIMUM WITHOUT ANY RECEIPT on paper while filing they write only 2% to show they are collected in accordance with the law.

THIS AMOUNT GOES INTO BLACK MONEY BAGS.

GOVERNMENT AND THE SO CALLED COURTS NOT OBSERVE THIS ISSUE AT ALL.

WHILE MAKING A ACT THEY SHOULD THINK THE PRACTICALITY AND THE REALITY PLEASE.

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