vinod (vinodinvizag@yahoo.in) 15 February 2011

section 138 NI act

Hi Sir,

I am vinod, 25 years old i started business DS-TECHNOLOGIES (software company) all alone when i was 22 years old.In very short time my company grew to a level of 58 engineers (employees). I had 2 of my friends as working partners with no written agreements .1 year back the 2 friends whom i believed a lot cheated me to the core misused the company money made me completely bankrupt. Now i left with nothing neither respect nor money, they have en cashed nearly 40 lacs. I am not bothered about my loss.

Now the problem is they have stolen 2 blank cheques signed by me , and started blackmailing me, finally they dishonored one cheque (8,25000/-) and filed a case against me under section-138 NI act. and now they are demanding 20,00,000/- to with draw the case and in case if i dont pay they have one more blank cheque by that will do the same as the previous cheque.

Other than these 2 cheques no cheque dishonored in my account that is the only evidence i have with me, Keeping this evidence can i fight the case?

Please guide me how to proceed with it.Do i have any possibility to teach them a lesson?

Hoping for your valuable guidance

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8 Replies

Gundlapallis (Advocate) 15 February 2011

What you have narrated is a complete case not just a point of doubt that needs a clarification. The only advice that is best for you is to consult a lawyer who has reputation in doing NI Act cases and get defended as the case is already filed against you.

vinod (vinodinvizag@yahoo.in) 15 February 2011

Thanks for your reply .What in case if i go for insolvency pitition?

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 15 February 2011

Fight propertly and you can come out of it easily.

Jayaprakash Narayan (Partner in the Law Firm) 15 February 2011

Hello,

If they take a legal action against you, you can easily defend the case asking on what aspect the cheque was issued. There should be a sustantive proof of transaction being taken place between you and them, if not they cannot get through the case. And give an application seeking stop payment of cheque to your banker stating the cheque no. And file a police complaint at the earliest stating that your cheques are missing. But if you had issued cheques in lieu of any transaction of some thing n hiding such facts, everything can be turned down by them n even add that you have cheated them.

Regards,

Radhey (Owner) 16 February 2011

plz. study this link of mine,certainly would be helpful,also request to give me feedback

https://lawyersclubindia.com/forum/Re-138-N-I-A-IS-DEAD-ALMOST-29868.asp

esp. this link would make it ckear to U that stop payment/account close does not fall under 138 NIA,feedback plz.

https://indiankanoon.org/doc/159343/

After studying these links U would come to know that U are 100% safe.

N.K.Assumi (Advocate) 17 February 2011

Insolvency petition is discouraged as it will cost you heavily by forefeiting some of your precious civil rigths. Better followed the advise of the members and fight out your case.

sanjay (practice) 22 February 2011

having a cheque is enough to file a case but not enough to prove the legal due , without proving cheque against consideration , court can do no wrong with u , there is clear guideline of supreme court .