Information about 138 NIA !!
Sandeep Budhimania
(Querist) 12 May 2009
This query is : Resolved
Dear Sir,
My name is Sandeep, i have a case of 138 NIA running on me. It's not actually check bouncing it's "Stop Payment" case. Two months back my opponent asked for the cheque which was stopped by us due to some reasons. We submitted the Draft of RS.3,50,000/- in the court. But, he never turned up for the draft.Court also directed his lawyer & him to present before the court.It's already 2 months of submission of draft. But there's no clue of him.
I would like to know what actually he could do more out of it. Would that be any more harm for me or how much harm can he do to me Legally. I never had any intentions of stop payment.Please advice me with your expert guidance. Thanks
Tabassum Dalvi
(Expert) 13 May 2009
First and foremost when you gave instructions to your bank for stopping the payment, if you had Rs.3,50,000 or more in your account at the relevant time you have a very valid defence to take in case the trial goes on. However, in the present scenerio,your tendering/depositing the draft in the court certainly puts you on a good footing and will earn you court's sympathy.Thefact of the offence now having been made compoundable also stands in your favour and once the complainant accepts the draft,the offence can be compounded.But, if for some reason the complainant wishes to harass you, he can very well go ahead with the trial in which case you can take up your defences and show that ther was no legally enforceable liability and that you had sufficient ammount in your account at that time. Without knowing the complete facts of your case and without knowing the reply given by you to the statutory notice, I am afraid, I am not in a position to guide you on any other defences that you could take up.Any way, your conduct of giving the draft to the court will definitely work well for you. By the way- in which court is your matter pending?
Sandeep Budhimania
(Querist) 15 May 2009
Dear Tabassum Dalvi,
First of all Thanks alot for the reply. I had enough funds on my account at that point of time i even submitted a copy of my A/C statement in the court. My matter is running in the Noida Phase- 2 court.Is there anything else you wishes to know do tell me. Will give you the info. on this.
Regards
Sandeep Budhimania
Sandeep Budhimania
(Querist) 15 May 2009
Dear Tabassum Dalvi,
First of all Thanks alot for the reply. I had enough funds on my account at that point of time i even submitted a copy of my A/C statement in the court. My matter is running in the Noida Phase- 2 court.Is there anything else you wishes to know do tell me. Will give you the info. on this.
Regards
Sandeep Budhimania
Sandeep Budhimania
(Querist) 15 May 2009
Dear Tabassum Dalvi,
First of all Thanks alot for the reply. I had enough funds on my account at that point of time i even submitted a copy of my A/C statement in the court. My matter is running in the Noida Phase- 2 court.Is there anything else you wishes to know do tell me. Will give you the info. on this.
Regards
Sandeep Budhimania
B.B.R.Goud.
(Expert) 20 May 2009
when you are having sufficient funds in your account, on to the date of the cheque in issue, it will not be an issue at all. because there may be so many reasons to stop the payments, as it never attracts the Sec 138 of N I Act. there will not be any harm, as far as you have sufficient reasons to stop payments.
