138 NIAct

Manish Raj Verma (Querist) 05 March 2010 This query is : Resolved
R/Sir(s)/Madam(s),
A complaint u/s 138 has been filed against my client, and summoning order has been passed.
But my client is neither having the account in the bank, of which the cheque is involved in the matter, nor he gave that cheque. The account of the cheque is in some other person's name.
what should i do?
whether i should go for revision before D.J.
or
whether i opt to go to High Court U/s. 482 Cr.P.C.
Please guide.
Manish, Advocate, Haridwar.

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Raj Kumar Makkad (Expert) 05 March 2010
You can avail either of the courses. You have not committed any offence punishable under section 138 NI Act in the light of given facts.

Arvind Singh Chauhan (Expert) 05 March 2010
I do agree with Raj Sir.

Adv ramesh chheda (Expert) 05 March 2010
it depands upon the strength of u r client. if u r client is well to do then go for hcourt and otherwise opt for session court. Not only that if u r client is falsely implicated by misleading the court then pls file perjury case against the complainant and also file defamation . I feel that u r client is lucky that he could get means to earn lakhs of rupees nd u 2. so advice accordingly considering u r benifit too

Parveen Kr. Aggarwal (Expert) 05 March 2010
Under section 138 of the Negotiable Instruments Act, 1881 only a drawer of a cheque (for cheque drawn on the bank account maintained by him) is liable and none else. So the complaint against your client under the said provision shall not survive.

You may avail either of the two remedies.

Adinath@Avinash Patil (Expert) 06 March 2010
GIVEN FACTS SECTION 138 OF N.I. ACT IS NOT ATTRACTED YOU CAN AVAIL EITHER OF THE TWO REMEDIES.

Guest (Expert) 06 March 2010
File Criminal Miscelleneous application under section 482 CrPC for quashing the procedings before High Court.

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