Quash petition in ni 138 cases
Querist :
Anonymous
(Querist) 06 September 2019
This query is : Resolved
Dear Sir,
We are fighting a NI 138 case in sessions court as accused convicted by the trial court, with lot of inputs I have received form this legal forum I have been reading through, I have found substantial evidence to rebut my case wherein the entire return memo sent by the bank was flawed. Bank name in legal notice is different that off return memo, bank branch is wrong, branch code was wrong, MICR code on the return memo was wrong and it only mentioned cheque no and so and so returned for so and so amount due to insufficient funds saying branch manager and some signature nor its a letter head nor seal/stamped. My present lawyer overlooked all this and I am seeking expert advice as we are at the argument stage in the sessions court now, with the entire return memo flawed from top to bottom what remedy do I have in place. I can consult anyone in person even if this is a paid service to seek a thorough advice on my case position.
KISHAN DUTT KALASKAR
(Expert) 06 September 2019
Dear Sir,
It appears you have a very good case and it is better to hire services of any expert advocate locally or get written arguments prepared by any expert advocate which project all the deficiencies in the case so that you can get justice.
Dr J C Vashista
(Expert) 07 September 2019
Mr./ Ms. Anonymous,
The accused is already convicted, there would not be any fruitful result for such contradictions as pointed out in your statement, if it is true story.
What is the opinion and advise of your lawyer? Why do you need obligation of experts on the basis of limited information?
It would be better to consult another local prudent lawyer with relevant records for better appreciation of facts, guidance and proceeding, if you feel strong and there is some truth in the story.
P. Venu
(Expert) 07 September 2019
Any meaningful suggestion is impossible unless the judgement of the trial court is perused.
