Does relationship matters in 138 ni judgement
Guest
(Querist) 08 April 2014
This query is : Resolved
Does relationship matters in 138 NI(Cheque Bounce ) Judgement
Example
Mother & Son
Father & Daughter
Husband & Wife
Boyfriend & Girl friend etc....
Any law or Claus where it is stated
Guest
(Expert) 08 April 2014
Discuss your own problem instead of asking an academic question.
Guest
(Querist) 08 April 2014
cheque given by my brother got bounced ,he is my real brother .he is not returning my money so plz suggest
Guest
(Expert) 08 April 2014
Law does not recognize relationships when law is breached by someone. You can issue notice to your brother to settle payment of cheque failing which you can file case under sec. 138.
Guest
(Querist) 08 April 2014
what are the chances of winning the case under 138 Ni act and in how much time .....any reference judgement where relationship doesn't matter and the case is won .
Dr J C Vashista
(Expert) 08 April 2014
You have a good case, proceed as per law, will take normal time to complete the procedure, however, you will have to find out judgments yourself which are not provided on this platform.
T. Kalaiselvan, Advocate 
(Expert) 09 April 2014
As opined by experts, the law does not recognises the relationship when it comes to the court. Therefore proceed as per law.
Guest
(Expert) 09 April 2014
Provided you are in time for issue of notice to your brother and filing s auit against him thereafter.
Anirudh
(Expert) 09 April 2014
It is not clear as to what for your brother gave the cheque to you.
Only on knowing this information, and the documents that you have in your possession, it will be possible to give an appropriate answer to your query.
Devajyoti Barman
(Expert) 09 April 2014
Relationship alone is no hindrance to file case u/s 138 NI Act if it fulfills the conditions as enumerated in this Act.
Guest
(Querist) 09 April 2014
he has taken money as loan from me that is 4 lac through net-banking,and in revert he gave me PDC. But PDC are bouncing.When i had a talk with him regarding this he said that has not taken any loan and u can do what ever you want
ajay sethi
(Expert) 09 April 2014
issue legal notice on dishonour of cheque .if he fails to make payment within period of 15 days from receipt of notice file criminal complaint under section 138 NI
Devajyoti Barman
(Expert) 09 April 2014
yes, you are already advised to go for cheque bouncing case. DO as asap.
Guest
(Querist) 10 April 2014
i have send him the notice today ,if he will not return my money in 15 days then i will file 138 case against him .One more thing can i also file 420 case on him i want him to go behind the bars as he has frustrated me alot.
what are the chances in 138 for imprisonment
prabhakar singh
(Expert) 10 April 2014
You can not lodge FIR case of 420 IPC with police for facts stated.Only complaint u/s 138 NIA lies and you should file also a civil summary suit of realization and should seek attachment before judgement of his properties.
Guest
(Querist) 10 April 2014
what may be the punishment he can get in 138 at atmost
Devajyoti Barman
(Expert) 10 April 2014
you seem to be endless in your query on the same topic.
Guest
(Querist) 12 April 2014
i send the notice and in reply i got the response from my brother on con call ,he said that he is not doing any job and he dont have any cash so he will not be able to return my money ......in this case what should i do please help
Guest
(Expert) 12 April 2014
Reply to notice is indirect admission of receipt of money as loan. You can, if you like to sue your brother, file a case under sec.138 of NI Act for dishonour of cheques.
Guest
(Querist) 12 April 2014
he didn't replied in written he called me up and also said that proceed it court he will prove that don't have money to pay back so i will loose the case in court.He also said that i will just invest a handsome amount in lawyers fees in the court still i will not get anything.This is totally fraud which he has done if he will not return my money then alt least he should go to jail for this fraud.
If he will prove in court that he don't have money to return then what will happen.
Guest
(Expert) 12 April 2014
OK, even on non-response case becomes due to be filed in court.
Guest
(Querist) 12 April 2014
dear dhingra sir if he is not able not give back my money then he will get punishment or not ,what are the chances
Guest
(Expert) 12 April 2014
If he has a property in his name you can follow the case for attachment of his property. If no property is there in his name and you feel he has simply gave you fake cheques as a matter of cheating to grab money from you, he can even be imprisoned for the term up one year for his offence falling under sec. 420 IPC also.
The only thing is, how effectively you are able to present the case before the court of law.
Guest
(Querist) 12 April 2014
Thanx sir
Guest
(Expert) 12 April 2014
U R welcome.
Guest
(Querist) 28 April 2014
I filled a case against him and a notice was given to him by court after my 200 beyan ,but he didn't received the notice and it is reverted back now what to do .
