Hi,
I had borrowed 100000 rs on 10% interest from my friend in 2018 and i had given him a signed blank cheque as surety. He had transferred 90000 to my bank account thru Phonepe.
I had subsequently returned him 15000 on two different occasions so 75000 was left to be paid. I had lost my job then and had requested for some more time from my friend. Later when COVID struck i wasn't able to pay him back. In 2019 he filed a 138 NI act case upon me and bounced my surety cheque by filling 230000 in it where as the payable was only 75000. Not only that he fabricated the story saying that I promised him a job and didn't get him one etc etc.
I have a bail in the matter and next hearing date is Jan 23, 2023.
I have a voice recording where he has agreed that only 75000 is due and he filed a false case under wrong advice from people and I also have whatsapp conversation where he has threatened me with dire consequences saying he is friendly with the local cops, lawyer and the judge hearing the case and also contacts with mafia etc.
I was always willing to return the money but I am not in favor of returning extra money. I am ok to pay 75000 but I won't pay 230000
I have been diagnosed with cancer and I have my chemo sessions and due to cancer I have lot of physical issues and sight issues too.
I want this case to be tried and I want that the judge should take into consideration the audio file too.
My question is: If i deposit the entire claimed amount of rs 2,30,000 to the honorable court
- Can I request for the honorable court to continue the trial
- Can the court grant me exemption from attending hearing dates
- What would be the right approach to take care of this matter
Please guide
Thanks in advance
