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Balaji (SSE)     11 April 2010

Cheque bounce case - Sec 138

Dear Lawyersclub member,

   I desperately need your experts help on the below issue. This could be big story pls be patient.

   My father is a retired Asst.Divl.Engr from TN Highways dept. Post retirement he helped one of his friend by getting a contract from Highways dept. Once the project started, the contractor promised my dad that he will give monthly salary for his planning work. He gave a cheque for Rs.2.25 lakhs but the same got bounced back. So My dad filed a case agains the contractor but nothing went our way. My dad consulted many lawyers but they just cheated my dad by just prolonging the case and not doing any favour. My dad visited several lawyers but some of them even took money and failed to do thier duties.

Finally my dad got frustrated and studied all the law points and took charge of his own and he backed up himself by getting party-in-person. He went to court and fought to get our money back for over 2 years now.

Finally the contractor and his lawyer played smart and even my dad questioned the judge who was acting in favour of the opp party. Some lawyers even told my dad that the judge got money from opp party and finally the case went in favour of opp party.

My dad is now goin to file petition again stating to dismiss the judgement under sec 138. Im a IT Guy and i do not know how to help my dad.

Im really upset about the judgement and there is no honesty. Can pls someone suggest me what to do next ?

Regards

Balaji.



Learning

 5 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     12 April 2010

I do agree with Mr. Kiran

Dharmesh Manjeshwar (Advocate/Lawyer)     12 April 2010

Hi Balaji .... Sorry to hear about your dad's case but besides stating the fact that ur dad's case was a 138 case u have not mentioned anything else ... there are some technicalities which have to be fulfilled prior to filing a 138 case ... why ur dad's case was dismissed and on what grounds are important ..... this has not been mentioned by u .... as rightly pointed out by my colleagues Harsh and Rakhi u may go in appeal ....

Jeetendra singh (Advocate)     13 April 2010

Plz mentioned which is the ground taken by judge in his final order. You should hire a good lawyer and file a appeal against  this order.
 

vikram sabharwal (prop-)     13 April 2010

there is rule in bombay that a money lander can not do business of money landing without licence  whether this rule exit in other states of india or not


(Guest)
The appeal time is 60 days and not 30 days. You may better consult a good lawyer and get points for appeal and your father may file and fight in the appeal personally. But the legal system has given you a golden opportunity to fight it out in appeal. Hence I strongly recommend that you may engage a lawyer in the appeal, since it is a sensitive stage of finding faults legally (both oral / documentary evidences) with the impugned judgment. If you show negligence, the appellate court may confirm the judgment and you may face a second defeat. If you are nearest to any of our LCI members, you may engage anyone of us.

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