Cash amount rs 50,0000 / givien to freind for repayment cheque given by the debitor / bounced
kamal krishan
(Querist) 16 April 2012
This query is : Resolved
I gave rs 50,000 / cash to my freind who was in acute need . He issued me cgeque for repayment . cheque got bounced due to insufficient fund in drawer bank account . Prosecution under sec 138 was initiated . Deffence advocate questioned ,and advocated that debit of rs 50,000 in cash is not a legally enforceable recovery as per income tax act . I am in great worries that I beleive the cheque as a good for money on presentation at its due date but may be deceived by ,; as sec 138 has no such ingridents of income tax conditions . So pl I need advise , and what will be the fate of of debit . Becaue under present circumstances ,I feel that both law and drawer are cheating me . I have no taxable income , neither feel any neccasity to file income tax return . PL help me to guide
DEFENSE ADVOCATE.-firmaction@g
(Expert) 16 April 2012
Well I am for the accused and he has good case.
Please do not blame law since the question will be how and why you gave such amount.Any previous transactions.If no why did you trust.
Raj Kumar Makkad
(Expert) 16 April 2012
You shall have to discharge your liability to show that the cheque was given to you against a lawful debt. There is no scene of income tax payment but the source of the money is must to be disclosed by you so as to depose a confidence in the mind of the court.
kamal krishan
(Querist) 16 April 2012
I am obliged by immedite help . Sir we in social society need help of each other on many occacion .I have no regular transactions with debitor . As negociable instrument act has been enacted by special enactment and have the overiding effect on other laws , so will it be judicious for court the allow the debitor to husg up the money of others , who had heped him Pl give me the way to prtect me and to get my debit recovered . Pl Sir , I think income tax act comes to play only for the tax libilities but do not allow the dbitor to hush up the creditors .
ajay sethi
(Expert) 16 April 2012
if you had filed income tax returns and shown the amount as loan you would have been safe . problem is you dont file i tax returns . you have to prove that su of rs 50,000 was given . has the accused given any acknowledgement of liability of having received rs 50000
Shonee Kapoor
(Expert) 16 April 2012
Issue a notice atleast.
You can pursue the case as well. Good sense prevails in most people when they don't want to be dragged in court for such small amount.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M/s. Y-not legal services
(Expert) 16 April 2012
am also agree with our senior members makkad ji, ajay ji., and shonee ji..
just act upon their advise..
-tom-
PARTHA P BORBORA
(Expert) 17 April 2012
don't worry brother. The accuse has the right to defend him and in your case he may take such type of plea in his defense. But it dose not mean that your case will fail. It is the court to decide wheater the defence plea is maintainable or not. So don't worry, If his advocate ask any question in the cross examination in connection with the income tax give him the correct answer. You have to prove that there is a legally enforceable debt and the accused has issued the cheque against the loan. If there is no legally enforceable debt then why the accused has issued the cheque? Ask him about the same at the time of his cross examination as D.W. And in argument point out the fact that if there is no debt then why he issued the cheque to you. In my opinion court will not aquit the accused merely on the ground that you have no income tax was filed. That plea is not attainable in a case under N I ACT.
SAINATH DEVALLA
(Expert) 18 April 2012
Dear Kamal,
1.When and how did you give money.
2.From what sources
3.Any witnesses
4.Post dated or blank cheque.
5.Details filled by accused or you
6.Have you made any particular withdrawl
that day.
7.Have you shown in your accounts if you are a businessmen.
If you can answer all these questions
with documentary proof,you have a case.
kamal krishan
(Querist) 18 April 2012
Thank u all for the responce given , I am obliged , I will be highly obliged if u will continue to to send advices as I have burnt my fingers by helping some body ,
If NIA will get failed to recover my amount , then constrains will compell me to think that the act has teeth with no strength to bite the acuse , pl provide further assistance to contest my case ------
