Nbw u/s 138 instrumnet act
salman kausar
(Querist) 04 December 2012
This query is : Resolved
Dear Sir
I issued a cheque of Rs.68000/- to some party whom i have purchased 02 LCD TV. The said cheque bounced due to insufficient funds. Lawyer on behalf of the party issued a notice to me which I ignored and later i got a summon from Saket District court I appeared on the first date and given a statement I shall be paying the amount of Rs.68000/- plus 12000/- as the compensation to the party in the court on the next date which was after one month. On the next date I failed to pay the amount of 80000/-. The hon'ble MM gave me a chance and asked to give the amount after 10 days in the same court. On that day i paid 40000/- in cash to the party in the court which was recorded and promised to give balance amount of Rs.40000/- in another 10 days time in the court on next hearing. On the next date after 10 days I paid Rs.13000/- in cash and a cheque of Rs.27000/- to the party with a promise that this cheque will be cleared, but unfortunately that cheque got bounced and I didn't appeared in the court on the next date fearing some strong action from the court or contempt of court punishment. I am going through a very very difficult financial conditions and some how have paid Rs.53000/- to the party out of 80000/- but since last date when I didn't appeared and now NBW has been issued against me by the court. Can u please guide me what should I do in this case and how should I face it. Thanks
adv. rajeev ( rajoo )
(Expert) 04 December 2012
You pay the amount and file an application u/s 70(2) to recall the NBW.
ajay sethi
(Expert) 04 December 2012
appear in court and pray for stay of NBW
Raj Kumar Makkad
(Expert) 04 December 2012
First get cancelled NBW and pay on the same day the balance amount otherwise you are inviting a Pandora of multiple cases against you.
Raj Kumar Makkad
(Expert) 04 December 2012
If you have no money to pay, what is the need to have 2 LCDs? You should invest according to your pocket.
