Section 138
Amarjeet Sharma
(Querist) 01 March 2013
This query is : Resolved
one of my relative has taken a cheque of Rs. 235000 (Rs. two lacs and thirty five thousand) by force, only my signature are there on the checque, they only have filled the name and amount, there is no any other doucuments i have given to them. As they are very powerfull, i could not file an complain against them. Now they filed case of section 138 against me & i am not in position to pay so much ammount.
So, please suggest me what i should do or how do i fight?
ajay sethi
(Expert) 01 March 2013
before filing case they must have issued legal notice . why didint you reply to legal notice . fight case on merits say blank cheque was issued . there is no debt due and payable
Raj Kumar Makkad
(Expert) 01 March 2013
Your argument is not digestable. Anyway, there are certain judgments which clearly establish that the blank cheque given without consideration/lawful debt is not tenable before law and thus NI complaint is not maintainable.
Advocate Bhartesh goyal
(Expert) 01 March 2013
You have no option except to contest the case .take the defence suggested by experts.
prabhakar singh
(Expert) 01 March 2013
Very strange!You could not file complaint because you had obsession of fear from them.
How shall you now contest with them.Is fear over now?
Was any notice served on you?
You do not have any option other than to contest the case.
Get in touch of a local lawyer.Take care of advises given by experts here in above.
Amarjeet Sharma
(Querist) 02 March 2013
Thanks a million to all of you........
they sent me notice...in working hour i was in job & nobody was there at home to receive notice..i got directly summons....now my lawyer
says that, there are no chance to fight, if checque has been issued so i have to pay.
Raj Kumar Makkad
(Expert) 02 March 2013
Your lawyer knows better than us because he is in possession of entire record of the case.
