U/s 138 n.i. act
Adv. Mohan Chandra
(Querist) 18 June 2013
This query is : Resolved
Just completed 8 years of a suit u/s 138 filed against me by depositing one of the blank cheque in its custody by a leading multinational bank.
During the pendency of the above case the bank have deposited two more blank cheques one some 3 years back and another 3 months back, notice was given u/s 138 but case was never filed. The last cheque was for Rs.80 Lacs and it has become a talk of the area it seems every body knows about it and sort of humiliating while moving around.
I am seriously thinking of some counter legal action against the bank, I want to consult from friends in this forum that if such action is legally possible. When the bank have failed to pursue the original matter and yet to submit evidence.
I will appreciate input from friends from the forum
Adv. Mohan Chandra
(Querist) 18 June 2013
Ajayji, The quey has been repeated because there was no opinion on the particular issue in the earlier query.
Thanks
ajay sethi
(Expert) 18 June 2013
you will be wasting time and money . concentrate on fighting case on merits
Nadeem Qureshi
(Expert) 18 June 2013
Dear Querist
you should contact a lawyer personally because you are able to bear consultation fee .
Raj Kumar Makkad
(Expert) 19 June 2013
You can definitely file a criminal case of fraud against the banker in the given facs with the help of your lawyer.
Adv. Mohan Chandra
(Querist) 19 June 2013
Ajay Ji thank you for your feedback
Nadeem Ji While my Lawyer is an individual this is a forum of experts and one gets various perspective on the same issue which helps a lot.
Raj Kumar Ji Thank you for your opinion. My frustration is due to the fact that there are 3 notices claiming different facilities offered for the same loan. It is 8 years and they have yet to produce documents in the original case.
V R SHROFF
(Expert) 20 June 2013
"The last cheque was for Rs.80 Lacs and it has become a talk of the area it seems every body knows about it and sort of humiliating while moving around."
who told others?? bank cannot defame u.
Bank don't want to jail u. punishment don't help bank: Bank is concerned only for their money/ interest/ recovery ..
So they delay the matter till ui r exhausted, tired and pay them money.
Adv. Mohan Chandra
(Querist) 20 June 2013
Shroff Ji, It is not the complainant bank trying to defame, but the bank on which the cheque was drawn, some over zealous staff must have leaked it.
I have mentioned that they have to still produce evidence in the original case other than than the cheque itself.
V R SHROFF
(Expert) 20 June 2013
EVEN FOR some over zealous staff WHO must have leaked it, BANK IS LIABLE FOR THEIR ACT.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 20 June 2013
Appreciate what Mr Shroff has told THAT banks will try to exhaust you. If you can sustain and have enough resources to withstand this and initiate counter offensive than only it is possible.
Mallya is doing it . See he sold part of his LIQUOR co in say ( approx figures ) In NINE THOUSAND CRORES to a British co but before the process is complete share prices doubled and so the value of remaining part also appreciated.
Now he is debtor for about 8-10 thousand crores for the assets of other AIRLINES company which have become scrap.
But the LIQOUR co is flourishing and so he has filed legal action for damages in MULTI BILLIONS. He may not get relief but dues of the AIRLINES co have become disputed.
SO UNLESS YOU HAVE STAYING POWER AND RECURRING RESOURCES THAN ONLY COUNTER ACTION is POSSIBLE.
