138 nia act
ashish misra
(Querist) 25 September 2009
This query is : Resolved
i have some business transaction with a company. these transaction run around five year . in 2005 company unwritten demand some security cheque .i have give around 15 cheque blank cheque only company name is mentions. And my signature amount
column is blank .
23th of july 2009 I closed that account due to some problem . immediately I inform company person . due to some dispute our business is closed .
Company present some cheque on 22.9.2009 due to account closed the cheque is dishonored . they send me legal notice 19.11.2009 . i file a criminal case against you.
Dear sir
1. i have evidence that cheque is issued in 2005
2. I inform the company that account is closed
Adinath@Avinash Patil
(Expert) 25 September 2009
If you have informed about your accont have closed & you have evidence that the is issued in 2005.Then you have to reply the notce issued by compamny about the same fact.there after if company filed complaint u/s 138 of n.i. Act.Compnay will not succeed.You will be acquited in same complaint.
Sachin Bhatia
(Expert) 25 September 2009
It is good to have the evidence that cheque was issued in 2005 but it is important to show that for what purpose you issue the cheque. You have to strongly face the trial.
Can you give the detail what evidence do u have.
ashish misra
(Querist) 25 September 2009
dear sir
i have photo copy of that cheque in origanal from.
adv. rajeev ( rajoo )
(Expert) 25 September 2009
U have to face the trial. Let me know whether you replied to the notice issued by the co.,before filing the complaint against you.
U have to lead your evidence to prove your defense.
U have got a good case.
Bhumik Dave
(Expert) 26 September 2009
Agreed with mr. Sachinji.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 26 September 2009
Obviously U will have to face the trial. If u have any proof in ur defence, that is the matter of evidence. Plz. tall me whether u have replied to the legal demand notices send to u or not?
Bhushan V. Kale
(Expert) 26 September 2009
Issue reply to the notice and face the trial. there is every chanse of success as u have the evidences. If u want to counter attack, u can lodge complaint with police for criminal breach of trust.
Adinath@Avinash Patil
(Expert) 27 September 2009
If you have photo copy of cheque.That will sufficient.You have to face trial good defence for acquital.
