N I ACT SEC 138,139
Querist :
Anonymous
(Querist) 01 February 2011
This query is : Resolved
Respected sir,i am for the accused in the complaint u/s 138 of N I Act. my client and complaint were partners for the deal of purchase of one land. both have invested 4 lacks in that. thenafter due to not giving title and non payment of premiume for Non Agriculture of that land, the agreement to sale was forfited. after that my client had filed suit again the land owners, and in that suit karar daad was made and 3 mounth time was given by the owners of the land to my client. after that my client went to bombay for business purpose and all the responsiblity of land was given to the complainant. and that time my client has given one signed cheque to him for payment of transfer premiume for Non Agriculture of said land, But complainant had
presented in his own account. then cheque was returned due to unsufficient balance. complaint filed on ground that complainant and accused were partners and invested 4 lacks equally for the purchage of the said land. and after final satelment of the account complainant is liable to get that cheque amount. IN the cross examination complainant admited that no satelment of account was made between them. and also his name and date was written in his own handwriting, and also he admited that it is true that i am not liable to take cheque amount, nOW IN this case how to prove that there is no legal due on that cheque amount.?
PLEASE GIVE ME advice how to defend accused?
and please give me usefull citation if there is,.
MAHENDRA C. PARMAR,advocate
Amit Minocha
(Expert) 01 February 2011
when the complainant has himself admitting that "I am not liable to take cheque amount" as stated by you, what is left in the case such admission waves off presumption of discharge of cheque u/s 139. Also what reply was given to legal notice recd on bouncing of cheque (if given) before case being filed is also very important ? Any document regarding final settlement of account produced ? Is this factum mentioned in complaint ? there are various points to be seen my learned friend. Incase you need further assistance , pl mail be copy of evidence and cross and I can provide you authorities on it after going thru it. You may contact me at amitminocha@yahoo.com
Advocate. Arunagiri
(Expert) 01 February 2011
I don't see any legally enforceable debt in the case. So, the accused will get acquitted.
Querist :
Anonymous
(Querist) 02 February 2011
I am very thankfull to you for your valuable reply.
IN the trial,
at the time of serving of notice accused was resided at bombay, and notice was served at Baroda's permenant address which was unclaimed returned. so accused was not aware of that notice. and in cross, complainant admited that he had a address of bombay.,
and in cross he denied about the final satelment and told that no setelment was made between us.
and onething more that one other party had filed a criminal complain under sec 467, 468, 420 of IPC against the present complainant. and in that complain the present complainant had purchage one stamp paper on name of the present accused by forge signed and made some forge document and its primafacially looks. so will all this certify copies help to the accused in the 138 complain?
And in the FS under sec-313 crpc accused had make willingness to produce evidence and statement on oath. so will it help me ?
if sir u have any suggestion please reply me..
thanks
