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sanyojanee deshmukh (Lawyer)     06 January 2010

Very urgent

 Hie frends.. This is really uregent.. It is 138 ( dishonor of cheaque case ). In my case my client has not given cheaque only.. I have everything on record but i want case law wherein it has held that in such case there can be discharge.



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 7 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     06 January 2010

Clarify your quarry. What do you mean by these words:

"my client has not given cheaque only."

If your cleint has not given/issued any cheque, how can he be an accused in such case?

I have plenty of citation of 138 NI Act but you please clarify this point so that I may provide you accurate citation applicable in your case.

Daksh (Student)     07 January 2010

Dear Sanyojini Deshmukh,

It seems that you are concerned about the limitation period in filing of the complaint without the cheque.   In my opinion you may still file a complaint stating the reason of non avaiilability of the cheque seeking time to place the same on record by substituting the same with its photocopy.

I hope this clarifies your doubt.

 

kranthi kiran (Works In Judicial Department)     07 January 2010

It seems that, by fradulelnty obtaining the cheque or by stealing the cheque, the complainant has filed a case under 138 N.I Act against  your client. If you have sufficient proof to the effect that, the cheque was not issued for discharge of debt or legally enforceable liability then you can definetly file a petition for discharge.

sanyojanee deshmukh (Lawyer)     08 January 2010

 Hello Raj kumar sir..in this case complainant has produced cheaque from bank in which my client does not have even account.. i forgot there is particular term for such cheaque.. i have all thr proof wherin it proves that my client did not issue it but i need case law to support this.. i hope u r cleared.

sanyojanee deshmukh (Lawyer)     08 January 2010

 Sorry .. i just did not get.

sanyojanee deshmukh (Lawyer)     08 January 2010

 Sorry i just did not get it Dakash...

sanyojanee deshmukh (Lawyer)     08 January 2010

 Hello Kiran sir.. you are right this is case with my client and i will need the case law for the same..

Thank You for reply..


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