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SRIBHASKAR (LIFE & HEALTH INSURANCE ADVISOR)     19 April 2017

Heavy burden on corts even in 138ni act too

HERE ARE SOME POINTS TO REDCE 138 CASES IN COURTS & RELIEF TO NORMAL PEOPLE TOO

01. 138 PROVIDES TO FILE A CHEQUE BOUNCE CASE.

02. BEFORE IT PROVES OTHER PERSON BECOME ACCUSED ON COURT RECORDS.

03. NO BLANK CHEQUE TO BE ISSUED TO ANY ONE.

04. THE SAME LAW ALLOWS EVEN BANKERS CAN COLLECT THE BLANK  CHEQUES WHEN THEY GIVE LOANS.

05. THE HON'BLE COURTS  SAYS WHETHER THE SIGNATURE BELONGS TO THE CHEQUE HOLDER OR NOT THE SCRIBES.

06 THE DEFENCE ADVOCATE SUGGESTS THE CLIENT DENY THE CHEQUE SIGNATURE IS NOT HIS/HER.

07 THE LAW ITSELF ALLOWING PEOPLE TO SAY LIES AFTER OATH BEFORE THE JUDGE. ELSE THEY CANT FIGHT THE CASE.

08 WITHOUT BLANK CHEQUE OR PRO NOTE NO PERSON WILL GIVES MONEY.

09 DUE TO SOME OBLIGATIONS PEOPLE TAKE MONEY BY GIVING BLANK ONLY.

10 OTHER PERSON TAKE THIS AS UNDUE ADVANTAGE TO HARASS AND EXHORBIT MORE THEY MISUSE BY WRITING THE HIGHER AMOUNT ON CHEQUE FILES THE 138 CASES.

11 IF LAW PUT A SMALL RESTRICTION NI ACT IN BEFORE FILING THE 138 CASE PROOF OF BURDEN TO BE ON THE COMPLAINANT INSTEAD ON ACCUSED FOR INDIVIDUALS FILING CASES PARTICULARLY.BUT NO ONE IS TRYING ON THIS GROUND BECAUSE ADVOCATES WILL NOT GET THE CASES AND THESE MANY SPECIAL COURTS NOT REQUIRED.SCD HAVE THE POWER TO AMEND LIKE RECENT DECISION OF TERRITORY GUIDELINES

12  AT LEASE BY THAT SOME CASES WILL COME DOWN IN COURTS EXPENDITURE ON GOVERNMENT WILL COME DOWN ADVOCATES ALSO HAVE SOME PEACE-FULL TIME AND FEEL THEY DOING REAL HELP TO SOCIETY.
 



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 3 Replies

P. Venu (Advocate)     19 April 2017

The posting is very simple and straightforward and insightful. The fact of the matter is that much of the cases under NI 138 are nothing but abuse of law. It has become a convenient tool for the blade mafia to overawe and exploit the hapless citizens who under compulsions of circumstance are left with no option but to get loans at exhorbitant interest by furnishing blank cheques. (In some cases, the interest could be as high as 10% per month and also, the first mnth's interest is deducted from the loan amount itself!).  It is invariably the case that the loanee pays back the loan amount and the interest but still then, action under NI 138 is set in motion. 

It is the prevaling scenerio that the the advocate for the accused never consider truth to be the real defense, but he advised to deny the signature or to take the stand that the cheque was lost or stolen.

There is a very simple solution, in my considered view, to streamline the matter: this lies in repealing the presumption under Section 139. This would ensure that only those transactions involving a real consideration alone constitute a lawful debt.

SRIBHASKAR (LIFE & HEALTH INSURANCE ADVISOR)     19 April 2017

Dear Sir,

Iam very much thankful to you atlast you understand my contention but why 139 is allowed.

secondly why the courts not considering the scribes on cheques except signature for making innocents too accused???

 

S.D. Singh (prop)     23 April 2017

Sirs, But you are not considering the other side, where a genuine holder in due course suffers for his money for so many years for just relying on the cheque. The accused enjoys the money for so many years due to court ineffective system.

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