138 act

Dear,

The offence is compundable [ can be settled outside the court]... .... You can neither deny the liability nor signing of cheques, even if signed blank and long back ... your liability can not be extinguished ....... If u have funds, better to clear it off  to get out of it .... regards

You can try for the one time settlement.  Tomorrow is appearance date then you will have to provide adequate surety for your bail.  Hnadover the case to your advocate.

If you have to give the money, then pl settle.

 

Is Bank extriting more money from you ? then you should fight ? In general S.138 of NI Act is not applicable to security cheques.  Did you reply to their notice and what stand you took ?  

Hope yesterday was not too bad. When you post, it is best to give proper details. S/138 requires a notice period of 30 days. Did you get such a notice? Which bank is it? Some banks are known to act in a high-handed manner and will break all laws. Appoint a lawyer but would recommend an independent person, not those that hang around the 138 courts. Of course if you are guilty of a breach, meet your obligations, please. Ask for time, concessions, lower settlements. If the loan is for goods, e.g. a car, please sell it before it is attached as otherwise it will be sold for a pittance. That is why you need an "independent" advocate. Keep us posted and good luck.

P.S I meant which branch.

First appear in the court and take bail and than contest you can come out easily since this bank make lot of mistakes in filing complaints.

 And for Mr Bapoo please do not blame the advocates who hang around 138 courts I feel they give good service for first appearance may not be for actual fighting the case. So the accused can get breething time to select a proper advocate if he wants to contest.

appear in court - produced bail with details of blank cheque given. Offer to complainant in court that you are ready to pay which is sufficient debt upon you.

But If bank fill more amount of debt upon you. Than oppose and follows obove instruction.

Thnaks a lotfor the reply