138 ni case
nani
(Querist) 01 October 2015
This query is : Resolved
sir, i am accused in 138 ni case.and i am a psu employee.one person filed a case with my signed cheque (it reached the other person through close relative). he forged my sign on promissory note stating that i had taken hand loan of 2,00,000/-rs.can I defend the case as sign on promissory note was forgery sign.what are the winning chances and if i loose can i go to higher court without loosing my job? plz answer me.
Sudhir Kumar, Advocate
(Expert) 02 October 2015
If you lose the case then job is gone whether you go to High Court or not.
Since allegation of cheue bouncing amounts to lack of integrity and Govt/PSU employee is obliged to maintain absolute integrity all the times even in private life. The job can therefore be lost even before you lose court case.
adv. rajeev ( rajoo )
(Expert) 02 October 2015
If you are confident you can defend the case, even if you loose the case you can go upto supreme court. Moreover it is compoundable offence you can compromise
P. Venu
(Expert) 02 October 2015
What is the defense you are adopting in the matter?
Even if you lose, your job need not be affected.
SAINATH DEVALLA
(Expert) 02 October 2015
Cheque was UR's,but promissory forged.U have to prove in the court that the promissory note has been forged, by getting the signatures on both the documents verified.Though a tough one and U have to engage an intelligent and an efficient lawyer well versed in Ni Act cases.
At the outset have U received the statutory notice?
Sudhir Kumar, Advocate
(Expert) 02 October 2015
Not able to agree with Mr Venu.
Losing a criminal case means conviction by criminal court and in such case no chargesheet is required to be served to Govt/PSU servant and no inquiry need to be held only one SCN is served (mostly in jail) and on hearing reply thereof a decision is passed which is either dismissal or removal from service.
Rajendra K Goyal
(Expert) 02 October 2015
Try to have amicable settlement, avoid risk associated with so many consequences.
nani
(Querist) 02 October 2015
sir i received court summons for attending.i am very confident that sign on promisory note was not mine.but my problem was my govt job and i am not in a position to pay 200000/-rs.
P. Venu
(Expert) 02 October 2015
Proceedings under Section 138 NI Act is mere Complaint. There is no principle or Rule or practice forthcoming to substantiate that that the proved allegations in such a proceedings entail putting public employment in jeopardy.
nani
(Querist) 02 October 2015
venu sir,i am confident i will win my case as the sign on promissory note was forged and I haven't taken any hand loan from the complaint.
i am analyzing the risks involved in facing the case.
1.is there any problem if FIR filed on psu employee and attending the court as accussed.
2.will i loose job if i lost my case?
3.with out loosing the job can i go higher court?
\
Guest
(Expert) 02 October 2015
Mr./Ms. Nani,
Your questions are irrelevant and premature in the absence of the brief description of the complaint when you have not even hired any lawyer to fight the criminal case, what to say of fighting on merits of the case.
Anyway, following clarifications are felt necessary on your part:
1) On what account you issued the cheque for Rs.2,00,000/-
2) What is the reason for the cheque reaching the hands of the complainant through your close relative.
3) What is the version of your close relative to defend his action on handing over the cheque to the third part?
4) How do you think that PSU job is a Government job for you?
SAINATH DEVALLA
(Expert) 02 October 2015
No problem with UR PSU.Even govt and bank employees keep attending criminal cases including NI ACT cases.Don't visualise too many things at this stage and don't have sleepless nights.The case will not come to an end immdediately,it can be dragged for 3yrs.
Whatever it is U have to prove that the complaint is wrong by proper defence.
nani
(Querist) 02 October 2015
sir
I am working in LIC OF INDIA AS a salaried employee.if it is not a govt job .will it help me in going to higher court.
SAINATH DEVALLA
(Expert) 02 October 2015
Why are U thinking about higher courts this moment?
Guest
(Expert) 02 October 2015
Ms/Mr. Nani,
If the problem is real one, is there any specific reason for not replying my questions.
nani
(Querist) 02 October 2015
sir
i contacted my lawyer .he is telling that the case will be over in just 2 months.before this the complainant filed the case with 4 days delay.the court is condoned the delay,for this almost one and half years taken because of recent NI act changes.
i will face lot of difficulties if jFMC convicts me.(job loss& financial burden)
Guest
(Expert) 02 October 2015
Mr./ Ms. Nani,
You have still avoided reply on first three of my questions. That clearly gives indication that you don't have any such problem in reality.
nani
(Querist) 02 October 2015
Dhingra sir
the close relative is my own brother who is in financial crisis.
1.i given a blank cheque to my brother for paying one function bill to a hotel one year back as i didnot know the payee name &amount exactly.after two days we paid the bill by cash for other reasons.i forget to take back my cheque from my brother.
2.the complainant and my brother have buisiness transactions.for his buisiness purpose he used my cheque with out my knowledge.
3.now my brother is in deep financial crisis due to his buisiness loss & his activities.he left the home and residing in other city by causing financial loss his friends and relatives.we have no assets and middle class family.
4. previously i had a financial loss almost 5 lacs because of my brother and 2 more are telling that they have my
cheques(signs were forged by my brother) which were given by my brother with out knowledge of mine and they are threatening to file cases on me.
5.if one case i can have settlement but others also threatening.
SAINATH DEVALLA
(Expert) 02 October 2015
now U have mentioned an entirely different version.Better give stop payment to the other cheques for the moment,though not an excuse under NI Act.Are the other two cheques presented for realisation?
Guest
(Expert) 02 October 2015
If you have hired services of a lawyer and he is sure the case will be over in just 2 months, was there any reason for not asking your question, "what are the winning chances" and if i loose can i go to higher court without loosing my job" as you have asked the experts, "plz answer me."
Also, when you have stated, "i am CONFIDENT i will win my case as the sign on promissory note was forged," where remains any doubt that compelled you to ask such questions in your initial query?
Your own contradictions give enough inking as if the stated problem is hypothetical one and of academic nature.
nani
(Querist) 02 October 2015
sir
i hired a best lawyer .he told me that he will try his level best.and i asked the same question will i loose the job if i lost the case.he told me that job will be gone if i lost that case .
more over job is very important to me and my family.thats why again i asked in the forum.this is not hypothetical one.so i am asking several times going to higher court without loosing job.
nani
(Querist) 02 October 2015
sainath sir
fortunately the other 2 persons not presented cheques for relaisation.i have alreday made stop payment order for those cheques with my lawyer advice.
