138 ni act
Jayaraman subbiah
(Querist) 18 September 2012
This query is : Resolved
I was fighting a 138 case against me by an influtiantial politician family in chennai magistrate court. He had filed the case during 2006 and only now when the Fast Track court was formed he was forcefully made to file the Proof of affidavit and after dilly dollying we crossed him by filing some documents from our side. This case was for the dishonoured cheque of Rs.223000.00 which i have not to pay at all in fact the invoices was not pertaining to my name and the cheque was given for some other purposes which he had already collected money but did not return the cheque which we had highlighted in the notice.Moreover he had issued a dual notice against the said cheque. Now while crossing when we file some document his advocate objected so i have to enter into the box and had to file the document such as the reply sent to the first notice and the payment made letter which was sent during Feb 2006 and Nov 2006 through the RPAD. Now he had brought the post officer as a witness and the post officer is denying the genuinity of the postal receipt which was filed.He told the magistrate that the receipt is not genuine but the magistrate asked for proof of it which he promises that he will produce the proof in the next hearing and he had promised to file the proof in the next hearing. Now my advocate got very much upset and he had told me that if the post officer filed any document as proof then i will be put into trouble. Please guide me what should be my next move?
Anish Thakur 7018812737
(Expert) 18 September 2012
dear querist,
normally 138 nia cases are difficult to defend but these cases can be defended strongly on technical grounds, to give you proper advise i have to know whole facts of the case including the copy of plaint and your reply towards it, mail it to advocate_anish@imap.cc or can contact me on 9459321520 for detailed advise.
Nadeem Qureshi
(Expert) 18 September 2012
Dear Querist
no need to worry about it, there is no provision in law to send two legal notice in cheque bounce cases. fight with limitation period.
feel free to call
