138 NEGOTIABLE ACT.

ur cheque number and date written clearly clarify the existence of said cheque.......file the revision application or money suit before the competent court. 

Mohit,I suggest to file the revision application and Order 37 both. 

If you have a strong base,the opponent gets pressurized when he faces two cases.

However I am surprised that an Advocate made a foolish mistake of not mentioning the amount of the cheque in the notice,this confirms my thinking that many a times advocates play roles of a player who scores a goal against his own team.

I am suggesting a few tips to be a Good Advocate.

Be acquainted with Sherelock Holmes of Sir Arthue Connan Doayle

And                            Hercule Poirot  and Miss Marple of Agatha Christie

And                            Feluda of Satyajiy Ray

And                            Sunil of Surinder Mohan Pathak  etc.etc.

            Read them Watch them

Watch movies like Kasoor,Right yaa Wrong,CID (TV show) etc.--showing legal proceedings.

Watch feature films/documentary films showing legal proceedings.

Use secret camers, other videos-audio recording in your cases and RTI applications as much as possible.

Have long discussions with your clients,clients know the situation more than you,you know the law more than clients,hence idscussions give way to winning,ask them to pay separately for long meetings as I pay my advocates for meeting aprt from the fees settled for each date.

A calculator with recheck button is better that one which lack it,generally human beings don't use their recheck button given by default by the mother nature.Hence see every word of your opponent,they might have made so many mistakes which can be beneficial for you AND always make recheks and recehcks and recheks to correct your mistakes.

One more point--

Devote half day in a week in rendering free legal advice to General people--you will be never short of business.

Another point-----

I have seen that generally advocates do not take "certified copies" of their proceedings.

This is a very Grave mistake on their part.

Why ??????

Remember--Delhi's Udhaar  Cinema Kand Case ( just an hypotheses),it is said that files relating to this case were tempered lying in the court record room.

Now think that you are just to win a case,a huge property is on stake,but suddenly a fire breaks in the Court Record room,how will you  prove your case now----start every thing from zero or what---the other party won't commit the same mistakes now.

So I feel "certified copy" of each and every document related to our cases should be taken from the court itself as soon as possible,which is generally not practice as strictly I am suggesting.

Use Yahoo Answers,rediff QnA,LCI,caclubindia.com,youtube,blogs etc. as frequently as possible.

Hope I am helpful, plz. give the feedback.

thank u so much sir . ur ablstly right.it seems to be u r attachd wd lot of social netwrk sites. i offnly use lwrcub,fb,orkut cmmnties nd so many othrs.but whr d question of neglignce i als shocked how a advcte d this typ of stupid mistake,amount of cheque was basic reqrmnt.one more question coming my mind which is tht some time due to the burden of work the senior advocate divide thr work to the junior fresher advocate who practising under thr instructions.may be sme time fresher degree holder not aware this type of things.

now should i argue on bonafide intention in revision???

wht type of argumnt i hve to do before the magistrate in revision???

can i present any supreme court ruling???

It is defficult for any appellate court to hear your argument and decide case in your favour.

You can not claim innosence for your mistakes.

While Tushar is to an extent right , devote some time to ease tension.

The complainant of the cheque bounce cases are over confident and in the process make mistakes, it is easier of accused to win a case.

If cases are lost it because of careless ness and guilt complex of the accused.

@shashikumar

u r right sir

now wht can be done???

it is the mistake of other advocate .cheque holder is bona fide.now in apeal wht type oh argue i hve to do???

Mohit,Law is nothing but another name of common sense,legality is based on logicality in General.Even if the amount has not been mentioned in the notice ,it does not mean that the cheque has not been bounced or has not been signed .Be confident,file an revision appeal.

Nevertheless order 37 is an equally powerful provision in such cases/make it fast/prepare deeply for this case and you will certainly get the result.

But take care that moneylenders,not having license are challenged easily in the court

And

If you claim even friendly cash loan of more that Rs. 20000/- then also you can be challenged because Income tax laws do not permit a cash transaction more than Rs. 20000/-,Beyond Rs.20000/- it is punishable,even if you have lent money to your friend.

And

Also take care of recent judgement of Bombay high Court stating that security cheques can not file cases under 138 N.I.

Hope I am helpful, plz. give the feedback.

I'm agree with Shashi kumar ji you should file a proper apeal. Court can see the amount 

because cheque is also part of record and  can't denied the amount in order.

 No amount no case whether you agree or not.

Many friends confuse with IT law for cash payment or money lenders permit for the lender.Please not that is offense for the lender and he can be penalised for it .

It can not absolve the debtor from liability. Many HC has given judgments on this.

And I visit all over India for NI 138 cases., for accused. Most of the time courts do not agree. Opponents and his / her advocates do not agree still we win the cases for accused hands down.Becasuse the complainant in over confidence always do mistakes which are fatal.

So dear friend Tushar you agree or not , bring relief to the client. If you are doing it I will be happy even if you do not agree with me.

My reply is for Tushar, even otherwise he is not an  advocate. Enjoying the pleasure of giving advice. He said he does not agree with me so be happy. My sole purpose is to bring relief for the accused of NI 138 cases.

And I can tell from my experience that it is very easy to win any case of NI 138 for accused. Citations or no citations. Many friends confuse with citations and provisions of various laws.

Please note  that no court can go beyond the evidence. If you can demolish the evidence of the opponent court will have to give judgment in your favour.

Thanks Mr Jitendra singh for agreeing with me.

Shashi, I do not feel that U have understood the matter clearly here.

Look U are thinking that Jitender Singh has supported U here but actually he has opposed you.

He states---- you should file a proper apeal Court can see the amount 

because cheque is also part of record and  can't denied the amount in order.

Whereas U have said------

You can not claim innosence for your mistakes.

Now do U understand that he is not supporting U.

Second,U said that I am rendering advice while I am not an advocate.

Here is my take----Have I claimed that I am an advocate anywhere,It is clearly written under my profile name that I am into properties and finances,so what new thing U wanna show to the visitors.

And where this site ha specified that only the lawyer should participate in the discussions?

And where it is written that only the lawyers know the law,if it would have been the case,a lawyer would not have committed such a foolish mistake as described here in the query and another lawyer would not have put a query over here?

And U must be a lawyer for accused of cheque bouncing cases but whether it is easy to win their cases or not ,it can not be accepted just because U state it.Every case is different,result change with a slight difference.More people would have been penalized in cheque bouncing cases than those who have been acquitted as far as I can see.

It is also surprising that Ur sole purpose is  to bring relief for the accused of NI 138 cases.

What is great in it,a real good persons sole purpose should be advocate of all the  people who are innocent Or who are victims of some injustice Or Not to bring relief for the accused of NI 138 cases only.

And in my original post in this thread every thing is clear about money lending,Income tax act and Bombay high Court Decision,I have suggested that for every claimant of cheque bouncing case should take care of all of these factors before filing a suit under NI 138 Act or suit for recovery and should not jump into these cases blindly.U just knowingly or unknowingly confused the whole thing.Please do not get offended,I am not writing all this to offend u,I have praised u where,I have felt that u are praise worthy,I have criticized u where I felt that U are worthy of being criticized.

That is it. 

Mr Tushar you are not a practicing advocate so you just can not understand how courts work. Law wwritten in books in defferent and practice is defferent.

Yes I appear and defende NI 138 cases all over India for accused since I feel whatever arguments given the accused is victim of system.

And for all doubting  THOMAS PERSONS  I invite you to attend my court sessions which is some where or other regularly in some part of the country.