Please help me 138 case

Thank you very much sir,

Sir,

I have two more people, and they are ready to produce as eye witness before court, I don’t have any written document except the cheque, yes sir I have a CD and it contains that accused has started an computer training institute,

I don’t have the deposit slip.

Can I pray before court that accused should produce his bank statement of that date?  I mean on which date I have deposited the amount in his account to prove that my demand and that amount is matching.

Sir accused has not even reply my legal notice, can I use this as evidence,

Sir, please suggest me how do I prove that he has issued that cheque for discharge his legal liabilities. Apart of above document.

I’ll be appreciating if you could help me to coming out of it.

One more thing sir, can court rule the order against me if in case I fail to prove that he has issued cheque to discharges of his legal liabilities.

I have taken maternity leave and shifted to my father in-laws house last week, he is a retire Army officer staying at Maharashtra.

What would be the better way to come out of it?

Please help me sir,

Regards

Mahek

1. You are the complainant, not the accused, so do not worry much.

2. How much is the cheque amount ?

3. High court generally do not put stay in such matter, it is just that he has filed quashing of complaint under S.482. Do not worry High Court will dismiss his appeal and it will be sent back to the trial court.

4. You cannot do much about the counter police case which he has filed against you, thats the parallel activity, let police investigate. Police cannot summon you just like that, they have to investigate. If your place is out of jurisdiction then they have to come to you. Still respond to their queries honestly.

5. Under the law S.139, the presumption is for legal liability if the cheque is issued. So you maintain the stand that on so and so date you loaned him that much amount and he issued that cheque to repay. That is sufficient to start with. You also produce or aver that you had sufficient means to extend that much loan. It is accused who will first create doubt about your story.

The amount was Rs.20000/-

Is this possible that he can go back and disclose our past relationship before court? What impact would be on my case 138NIA, if he did so?

Or this will not be allow in NIA 138 case,

He paid me around 50000/- when we were friendship by account transfer time to time, (between 4 years of our friendship)  

Once a time I have received Rs.40000/- from him when he was in London through money gram transfer for his brothers urgent need.

Can I use all these transactions that we had a transaction history to prove my Rs.20000/- transaction as legal liabilities?

We have interacted through mail and letters when we were friend, can he take the advantage of that e-mail and letters?

The most important question for me, what consequence may be creating if I withdraw the case?

Can he file a defamation suit against me?

I’m really appreciate for your valuable support.

Regards

Mehek  

No Sir, there is no relation between that Rs.40000/- and my Rs.20000/-

I have suffering a lot since 4 years, I want to withdraw, but he is not picking my phone, even his advocate also  my advocate saying not to worry.

I have already  mentioned, what I have as an evidence, I can not produce anything else beyond that cheque as an evidence, do u really think sir there is a chance for me to win.

Can I go abroad with this open case? I may go USA with my husband after delivery.

Or there will be any problem.

Regards

Mahek.

If you want to withdraw the case no problem it will end your agony. For accused of NI 138 there are many defenses.

If there is a possibility of several things going wrong, the one that will cause the most damage will be the FIRST to go wrong.

:"

I have deposited the amount in his account to prove that my demand and that amount is matching."

Is Pay in Slip in your hand writting, or with you??

What is your high court order??

If yes, you can prove liability, but you gave two different rerason of money given as computer deal or a friendly loan, so not going to court with clean hand.

SAo chance of winning is poor.

So better compromise. r.

he is vakil, so know how tyo fight case.

As I have disclosed that police has called me for a personal meeting, but I could not attend that.

Police has visited my father’s house and inquired about me and some of my relative and friends.

According to police there is an FIR registered since Nov-2008 against me and some of my relatives and friends.

The FIR contains as below.

We were in love and applied for a register marriage for solemnization of marriage on 19/11/2008 and on 27/11/2008 I have attacked the (138 accused) along my relative and friends, and we forcibly took his signature on some blank pare and we snatched his purse where there was Rs. 20000/- cash and a cheque and also we threatened him unless he turned back for registration of marriage we shall took off his family members life, and he was very much scared up then he file an ICC case at SDJM and SDJM ordered police for investigation and report, then since police searching us..

This is what police told to my father.

But sir this is a false case/story, there was no such incident happened between us.

And my father also received a false name registered post containing some fabricated photographs and some letters.

And it has mentioned that I should withdraw the case else the sender may circulate those photographs and letters to all possible places.

I have doubt on him; he must have done this,

What shall I do sir?

Please suggest me.

Regards

Mahek