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Sameer (Buisness)     12 February 2009

SECTION 138 APLICABLE OR NOT

please advice i have purchased a land from A by paying him half the amount of total consideration with some conditions like measuring the land,removing the encrochement, the land not reserved,etc.but all conditions was not fulfilled by the sellar so i issued him notice to comply the conditions in sale deed and in event of the conditions are not fulflllied i will be restrained to stop the cheque thouh he did not reply my notice and not fulfilled the comditions mentioned in the registered sale deed so i stopped the cheque, my account was having more than amount of cheque. he presented the cheque to the bank my bank sent him the memo with having remark as payment stopped by the drawer, so he sent me notice u/s 138 ni act i promptly replied to it mentining tjhe facts,but he filed with criminal case u/s 138 against me, the more of the above is that he supressed the facts of the sale deed from the magistrate,so he issued the process, here what remedy is available to me i am very much afraid because it the criminal case me.I am ready to pay the said amount as soon as he compleates the what he has agreed in the sale deed. kindly help me by sending me the recent judjements of the hon courts. please help me.


Learning

 6 Replies


(Guest)

NANDKUMAR B. SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE


MOBILE. 09325226691,  09271971251


e.mail  adv.nbsawant@yahoo.co.in


e.mail nandkumarbs@sify.com


KINDLY NOTE THAT YOU NEED NOT WORRY  .I HAVE SENT YOU A DETAILED PERSONAL MESSAGE REGARDING THIS PROBLEM .IT IS SUFFICIENT TO RESOLVE YOUR PROBLEM.


DO WRITE IN CASE YOU REQUIRE ANY HELP


NDNDKUMAR .B.SAWANT., M.COM.LL.B.(MUMBAI), ADVOCATE.


 

PALNITKAR V.V. (Lawyer)     12 February 2009

Had you posted the reply on the site we could have learnt something. Please do not deprive the members from getting knowledge from learned persons like you.

Anil Agrawal (Retired)     12 February 2009

 Do you have the acknowledgement of your notice to which he did not respond? If yes, don't worry. Non fulfilment of contractual obligation is not legally enforceable debt.

K.C.Suresh (Advocate)     13 February 2009

Sameer, You approach a competent Advocate practicing at HC and file a case to quash the complaint. Your case has merits. OR you appear and presnt your case in the same court and get a relief. If not received then go to higher court. That may take time. So cut the time schedule you appraoch the Hon.HC

Sameer (Buisness)     13 February 2009

 Thanks sir

Sukhija (Advocate)     14 February 2009

Hi Sameer


I think u will be required to prove the facts before the trial court and get acquitted, i.e. u have to face the trial.


 


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