138 ni
ramesh
(Querist) 24 May 2012
This query is : Resolved
Sir, we had a civil case before addl sr civil judge for relife of separation and partion of matenal agriculture property, this suit is compromoised in mega lok adalat for ambical settle ment of dispute. accordingly settlement were drawn before mega lok adalt on 18.11.2011. as per settlement we paid cash to all plaintiff and defendents to reliquish the property in favor of my mother. and decree drawn in like manner.
but before settlement one of defendent was not ready, after convincing got ready with blank signed chque issued on behalf of my mother by me, agreed to return cheque afterpayment. but in hurry we forgot to take cheque back after payment. on 19.11.2011 realising the fact i requested banker to stpo payment againt the cheque since i lost blank signed cheque.
she presented cheque before bank on 21.11.2012 coming to know this i requested her not to do so. she kept quite some time and once again she represent cheque before bank on 19.05.2012 and on 21.5.2012 lawyer notice to me and my mother. for legal action under NI 138 section 420 ipc. i am worried as i am govt servent.
please kindly advice me this rergard
regard
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 May 2012
SC has held that the provisions of NI act are legal fiction and hence all of them have to be strictly followed .lapses on the part of complainant are fatal.
Most of the complainants fail to follow many imp requirements and that is why it is always simple, sure and easy for any accused of cheque case to win.
SAINATH DEVALLA
(Expert) 24 May 2012
Dear Ramesh,
Give a reply through a competent lawyer to othe legal notice.Has she mentioned section 138 and 420 ipc in the same legal notice.Mr.JSDN, I think the complainant has made a mistake by including NI act and IPc in the same notice.They cannot be clubbed together.
SAINATH DEVALLA
(Expert) 24 May 2012
Dear Ramesh,
Give a reply through a competent lawyer to othe legal notice.Has she mentioned section 138 and 420 ipc in the same legal notice.Mr.JSDN, I think the complainant has made a mistake by including NI act and IPc in the same notice.They cannot be clubbed together.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 May 2012
Yes notice is not required for IPC 420, but proper pleadings are needed in the complaint to attract IPC also.
V R SHROFF
(Expert) 24 May 2012
defend ur seld & ur mother , in court
Shonee Kapoor
(Expert) 31 May 2012
Defend the same in court of law.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
DEFENSE ADVOCATE.-firmaction@g
(Expert) 31 May 2012
It is easy sure and simple to come out of any NI 138 cheque bounce problem since the complainant make many ,many, and many mistakes in over confidence and accused loose because of misconceived , immature advice.
firmaction@gmail.com
