138 n.i. a
Manu Joseph
(Querist) 31 May 2013
This query is : Resolved
Dear Sir,
I need an URGENT advise from you for the following matter.
One of my Friend came to me for partnership business and agreed to invest money into the new firm accordingly we have registered a Pvt Ltd Firm but during these days he took few amount of money by cheque as well as cash from me as loan and he always agreeing me to return the money soon and also will invest the money in the new company at the earliest. But he never return my money nor he invested the money in to the new firm.
Again he demanded a payment of Rs.1,60,000/- and I have given a cheque of the same but after that, he took Rs.250000/- cash from me (there is a proof of his sign(different than his normal sign & acceptance wording in his own writing) as another loan and I stopped the cheque which I have issued earlier as he informed me that, it lost. I have stopped the same and asked for my money which I have issued previously a Cheque of Rs.104000/- and Rs.30000/- given earlier.
Another self check was issued to him before giving the above cheque and he encashed the same but he denied when I asked my money back and he threatened to file the cheque bouncing case and we failed to file a case against him but he filed case against me under 138 NIA.
The case is under final stage as I have to provide the evidence of the payment but there was no Liability against him at the time of the above cheque issued and he is now threatening that, if I have not settled the case by paying 7 lac, then no one can help me from going jail.
Please advise me BY RETURN that, what will be the legal point in this as my previous lawyer is favouring him and now I have appointed a new lawyer BUT I NEED A FAVOURABLE ADVISE FROM YOU ABOUT THIS CASE.
A reply by return would be highly appreciated.
Thanks & regards
Manu Joseph
ajay sethi
(Expert) 31 May 2013
withjout going through the compaint , evidence filed by parties it would be difficult to advise . in short you have to prove there is no debt de and payable in respect of dshonoured cheque
Rajendra K Goyal
(Expert) 31 May 2013
Since the matter in the court in the final stage all the documents, evidences, proceedings are to be gone through to arrive at an opinion. You advocate must be looking your interest in the court. Mainly you have to prove that there was no debt on you in respect of the dishonored cheque.
Raj Kumar Makkad
(Expert) 01 June 2013
It shall be better for you to trust over your lawyer.
Manu Joseph
(Querist) 01 June 2013
Thank you Sir, but I can prove that, there is no debt as I have not any thing taken from him but I can prove that, I have given him money through check for his loan. But I have his own hand written receipt for the cash too and he have signed a different sign on it and how can I prove it this is written by him? Is it produce in the court for signature expert or handwriting expert?
