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Defend False 138 NI case

(Querist) 01 October 2015 This query is : Resolved 
Respected sir/mam
I am a doctor by profession.one of my close relative has told me that he has lost money in some investment and his wife was asking about that money to him(his wife didn't know about that investment).So my relative convinced me and taken 4 checks of 3 lacks each without mentioning the dates saying that he will show these checks to his wife and tel her that money was given to me for short period of time ( checks are taken as security).After 6 months ,he started to blackmail and pressurise me.He deposited one of check in the bank without informing me .fortunately there were no balance in the account and check was bounced.As soon as I came to know i immediately done the stop payment of remaining ckecks.My relative then filed the case 138 NI against me.There are no documents of liability except one bank transaction ( 12 months back)from my relative account to my account of rps 5 lakh and from my account to his account of rps 1.5 lakh(10 months back).
Now how should I defend and prove that this is the false case ?
Sudhir Kumar, Advocate (Expert) 02 October 2015
You have created evidence which is sufficient to send you to jail. Now pay the money written on cheque ( and anymore he may demand) and beg for mercy.

People like you deserve such lesson.

How could you expect a man to be faithful to you who is not faithful to his wife to the extent that he will convince her by fraudulent methods?

How could you expect that having know that you have borrowed money and not refunding then his wife will not insist upon utilizing the cheques.
Sudhir Kumar, Advocate (Expert) 02 October 2015
You are hiding the facts.


You said

"There are no documents of liability except one bank transaction ( 12 months back)from my relative account to my account of rps 5 lakh and from my account to his account of rps 1.5 lakh(10 months back)."

why these transactions were going on. That means you really borrowed money and made partial refund.
P. Venu (Expert) 02 October 2015
The facts stated in the query, if true, is a complete defence. However, the concern is one of proving them.
Have you stated them in the reply furnished to the complainant in the statutory notice?
DEFENSE ADVOCATE.-firmaction@g (Expert) 02 October 2015
Law is nothing but common sense.

And so what SUDHIR KUMAR has said is perfectly true even in court of law.

Coming to legal point the APEX COURT has given many clear and specific judgments that complainant has to prove only that cheque was of accused than legal liability also is presumed.

Still cheque cases can be won on technical issues due to loopholes in law and mistakes made by the complainant in framing pleadings due to over confidence.
SAINATH DEVALLA (Expert) 02 October 2015
A signed cheque is like an AK 47 in the hands of the complainant and in 95% of the cases the outcome is pro complainant.

Unless U mention the contents of the statutory notice U received from him,we cannot come to a right conclusion,the conduct of the case depends on the notice.
Rajendra K Goyal (Expert) 02 October 2015
Try to have amicable settlement, if not possible defend the case on merits. Your lawyer may find out loopholes if any in the prosecution and defend acordingly.
K.S.Srinivas (Expert) 02 October 2015
In the reply to the notice, have you mentioned all the facts mentioned by you. It all depends on the merits of case.
Apprise everything to your advocate and he will defend your case. Rest leave to the GOD.
Dr.karan (Querist) 02 October 2015
Sir
Comlpianant wife is my sister and she knows all the truth.. She agreed to stand with me in the court.because complainant also done harassment of my sister in 15 years.
Regarding transaction-he taken my account no. Saying that he will deposit the money 5 lakh and want it back by cash for investment purpose... In good faith I done withdrawl given him back.To be honest I given him 1.5 lack when he was in need which he didn't returned.
Yes I mentioned all above facts in reply notice.
In complainant didnt mentioned any single liability in the notice.He said that whenever I was in moneytrouble he given money, that's it otherwise nothing in the notice.
Dr.karan (Querist) 02 October 2015
Details-
My relative(complainant) also taken gold (6 lakhs) from my younger sister with the commitment to return it back within 2, months My father sent a request letter to him about giving gold back but he completely refused and send a letter to my father that he did not taken any kind of gold .After enquiry we found that he had taken a gold loan from a remote bank. All receipts of purchase of gold are with my father which he shown in police station and to the bank manager.Police inspector and bank manager issued a letter to my relative for explanation and to come in police station which he fails to give and come.That means he cheated my younger sister also.
I have 2 eye witnesses to say that my relative is engaged in some kind of investments like chitfunds in last 2 years.I have xerox copy one of the investment certificate done by my relative.
On 2 checks (among 4 checks )my relative written his name ,date and amount by his handwriting. So there is mismatching between the handwriting on checks.Only one check was bounced which is handwritten by me.
Now what evidences should I collect to disprove my relatives ( complainants) false story?
Which possible questions judge will ask me ?
Dr.karan (Querist) 02 October 2015
Pl help me out...
Dr.karan (Querist) 03 October 2015
Thank you for your advice sir/mam

1)How should I prove that there is no liability... Means plz tel possible docs to prove it e.g ..no agreement signed between us
Plz guide me sir as u r all senior lawyer...
2) sir you said to prove that I am not guilty... Which are the possible ways or docs by which I can prove it
3) sir if u r having similar case discussion...requesting you to Plz forward it to me


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