Ni act 138 and and ipc 420 and kidnapping
GANGAM.RAJENDER.
(Querist) 10 September 2013
This query is : Resolved
my friend borrowed 85 thousand from complainant.my friend issued cheque and promissory note with same aforesaid amount.but complainant filed cheque bounce case ,IPC 420 AND KIDNAPING private complaint HAS moved.now complainant mentioned only cheque in this case ,any where
he has not mentioned about promissory note .
complainant intention is that he wanted to file different cases about amount 85+85=170 (one lakh seventy thousand only).
complainant issued legal notice regarding cheque amount only.we are not given any reply.
police has filed fir, with reference to that fir can i file memo of appearance in the hon'ble court or at this stage can i go for anticipatory (crpc 438) bail.police harassing the accused and they are trying to arrest the accused.give me suggestion sir.
THANK YOU SIR.
V R SHROFF
(Expert) 10 September 2013
You are advised to Reply the 138 NI Notice at once.
Mention therein that only liability is 85K, and not 170k.
U mention that cheque was given for security and was either PDC, or blan signed cheque, and a pro note for the same was obtained.
That u never told, there is sufficient fund in ur bank a/c., and he deposited w/o ur knowledge or ur consent.
There is no question of Kidnapping or 420. It is a civil matter.
Police tactics to recover money to help creditor for extraneous consideration.
Do not surrender to such false criminal cases.
Sankaranarayanan
(Expert) 10 September 2013
Follow the advise of mr Shroff ji i too endorse his advise
Sudhir Kumar, Advocate
(Expert) 10 September 2013
the cheque itself is as good as pronote so he need not mention about promote in the complaint.
.
if you deny liability to pay he will show the pronoe.
Raj Kumar Makkad
(Expert) 11 September 2013
I do agree with the advice of Sudhir.
