138 N.I.ACT
gaurav
(Querist) 22 May 2011
This query is : Resolved
SIR,
i am representing one of my client in complaint case u/s 138 n.i.act.IN cross examntion complaint has stated that he has filed more than 100 cases against various persons amounting more than 50 lakh u/s 138 and he has admitted that he is a money lender but does not have money lending licence.so now as 138 is a technical offence and all conditions and ingredients are to be fulfilled in order to convict the accused. now we have to argue abt legalenforceability of debt. can you plz forward me some land mark citations regarding this?what are the prospects that accused vl b get acquitted on this point ?
M/s. Y-not legal services
(Expert) 22 May 2011
Without having license lent money is not a big ground to the accused.. You can take the defence that you gave the money for friendship and believe on that person's earlier days..
gaurav
(Querist) 22 May 2011
i think you have some probleh in understanding the query.so better firet understand and then rsply
M/s. Y-not legal services
(Expert) 22 May 2011
Why you trying to show your attitude in this rude? Please wait you will get answer by a well understood persons..
Advocate. Arunagiri
(Expert) 22 May 2011
If the complainant is not a money lender by profession, he need not to have any license.
In this case there "no license" is not a good defense. Try with some other defense.
bhupender sharma
(Expert) 22 May 2011
It is correct that the Money Landing Act has adverse effect on the 138 proceedings but at the same time the question is of legally payable debt. What is the amount for which the alleged cheqe was handed over and manner of the disbursement of the same whether through bank or cash.
bhupender sharma
(Expert) 22 May 2011
As the above satated if the amount of the alleged loan is more than 20000/- and that also in the cash form then it would be difficult to the complianant to prove the legally payable debts as the Hon'ble Supreme Court has laid down the law n respect way back in the year 2008. The limit provided by the Apex COurt has made it madatory that the payment of more than 20000/- rupees plea of the complinant as frendly loan as happened generally goes. It should be bank transction and the sai amount be paid through it.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 May 2011
No doubt mr Guruv is very rude in counter querry and must show proper respect if you want the proper inputs.
Regarding querry every due has to be legal dues so without money lending permission from proper authorities the case will be dismissed.
There are no of case laws in this matter.
gaurav
(Querist) 01 June 2011
sir, i apologise but can u plz mail me some landmark judgements as m not getting the same plzprovide me
