138 ni order to pay rs 2.2 lac for false cheque bounced
New_User15
(Querist) 30 April 2016
This query is : Resolved
My uncle has landed in a very tricky situation
In 2012 he has taken a loan from private financier of Rs 2 Lakh. The transaction was done as follow:
1. Private financier did a RTGS of Rs 4 Lakh.
2. Then same day he took back Rs 2.15 lakh through a self cheque signed by my uncle and it was withdrawn from the bank by his agent.
3. Then he took 60000 as interest of the money @5% pm.
4. Then in 2013 October the account was settled by paying him Rs 2 lac through a DD. He returned all but 1 cheque of my uncle.
5. In November 2013 he bounced that left cheque of Rs 2 Lac. When approached mentioned it was done in mistake.
6. Then in 2014 he filed the case of Rs 2 lac non payment on my uncle.
Now on March 28,2016 order was given by court to pay Rs 2.2 lakh to him .
Now I have below queries:
1. There are lot of mistakes from my uncle's end. But since we have paid all the money, is there any way we can appeal against this decision?
2. Are there any chances of overturning this order/cancelling this order.?
3. If we appeal, is it possible by Session court to Increase the amount to be paid?
Please help as we are in very big crisis due to this.
thanks
P. Venu
(Expert) 01 May 2016
You uncle can file an appeal against conviction.
New_User15
(Querist) 01 May 2016
@All,
Thanks for the reply. We can file the appeal, but want to know is there any chance we can get the order overturned? Is it possible considering the above facts.
Also, is there any time limit after order in which we need to file the appeal?
T. Kalaiselvan, Advocate
(Expert) 01 May 2016
Without knowing what has happened during trial, it cannot be said whether you have chances to win the case in appeal or not.
The case details are to be known for giving a proper opinion hence you may consult a local lawyer with all the relevant papers including the judgment copy and take an opinion in person.
H.M.Patnaik
(Expert) 07 May 2016
Pl. consult an experienced local lawyer with available docs. and facts for moving in appeal.
SACHIN AGARWAL
(Expert) 24 September 2016
The fate of appeal would depend on evidence led by the parties in the matter. However, if you proved that the money has been repaid, you have good chance.
However, you can lodge a FIR against the said money lender, if he is not having any Money Lending Licence.
Advocate Bhartesh goyal
(Expert) 01 May 2016
