188 NI

Querist : Anonymous (Querist) 29 November 2010 This query is : Resolved
Hello all. thi s is Himesh ,

regarding my sub I have issued 24 cheques fro a loan taken in an financing com-pany who told me as its for 20 instal ments and other one for pre emi and three cheques fro security.I hv taken a loan of Rs 100000.00on which they hav sanctioned RS 95400.00.now i have paid 12 insatll ments and form then i did payment by hand to an collection execuruve sent by company.from then he didnt give recipt for three instal ment fro which I apid .so since then I stoped the payment of cheque by stop payment. at the time of sanctioned i havent filled any form or cheque.only I have signed over it and handed over to executuves of company who said melater they will show the copies of filled applications and cheque. now they filed an criminal case aganist me (sec188 ni act).and only saying as 24 installments insted of 20.and even they themselves have filled the cheque amount and also loan application.Now what kind of bail can I provide fro this case and they havnt filed in the loan issued city instaed in they have filed at diffarent city.please do guide me regarding this.

waiting

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Devajyoti Barman (Expert) 29 November 2010
You wll have to apply for bail whcih would be easily granted. If in the city where the case is filed has no cause of action then you could challenge the proceeding u/s 138 NI Act before the High Court under section 482 of crpc.

s.subramanian (Expert) 29 November 2010
yes

DEFENSE ADVOCATE.-firmaction@g (Expert) 30 November 2010
As long as liability is shown on documents 482 is no solution.

You can only seek transfer of case following SC- Hermann case before HC if in same state otherwise you have to go to SC.

Khaleel Ahmed Mohammed (Expert) 01 December 2010
I agree with Mr.Berman.

Advocate. Arunagiri (Expert) 01 December 2010
I agree with Mr.Shashikumar.

Querist : Anonymous (Querist) 06 December 2010
Dear sirs, I am sincerely thank full to all who supported me but I am confused what kind of bail i s needed its an personal bond or any other which I do nt know. plaase do help me.waiting.

Querist : Anonymous (Querist) 06 December 2010
Dear sirs, I am sincerely thank full to all who supported me but I am confused what kind of bail i s needed its an personal bond or any other which I do nt know. plaase do help me.waiting.TL HIMESHKUMAR.

188 NI

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