N I Act
V. Ramakrishna
(Querist) 24 January 2011
This query is : Resolved
This ref. to my query posted on 23-1-2011.
I thank all adv. who posted their expert info .
For purpose of keeping the query brief I have not dealt on details , here I am evening add. points .
1) The present compliant was field on the basis of both notices dt 28-8-2003/15-9-2003
marked as ex.P4 and ex.P6.
2) In the notice dt 28-8-2003/15-9-2003 ,,
In the compliant copy ,In the proof affidavit, In the written counter arguments,IN spite of my strong rebuttal of presumption of debt or any legally enforceable liability , the Complainant has not given any facts before the court to support his presumption ( as per several l judgements of the S.C.) NO witness produced .Further states " Issuance of the cheque itself is conclusive proof of the liability of the accused "
3) Further states on the basis of notice dt 31-7-2000,, a criminal compliant was field at m m court , chennai, and the same got dismissed ( no ref.given)
4) Further states I issued a fresh cheque
993447 on 12-8-2003 for rs 47000//( this is a blank cheque misused , I have got my Bankers proof the sl.no. of the cheque was from my Bank a/c operation during 1996-97)
5)The present compliant was field on the same m m court , giving all above details .for dishonor of cheque no 993447
dt 12-8-2003/for rs 47000/
The only weak "evidence " the compliant got ( marked ex.P8) is my reply dt 14-8-2000/ given for notice dt 31-7-2000
assuring settlement of rs 25000/ within 30 days subject to my making funds ready
The cheque amount ( filled by the Complainant as stated by him is Principle
rs 25000/plus interest .( no proof that I have assured him to pay Interest as per my reply letter dt 14-8-200)
Further the cheques are from my pvt ltd company , I am the signatory as Director of the Company
Further sec 141 of Act has not been complied by the Complainant in his notices ( as per several judgements of S.C.)
IN the light of above can I get ref to S.C. judgement in getting the case dismissed ??
Regards
Ramakrishna
Ajay Bansal
(Expert) 24 January 2011
Complaint deserves to be dismissed on the score of 139 N.I. Act.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 January 2011
In the trial court there is no provision of dismissal for NI 138 cases. You have to go through full trial.
Only be clever cross you can come out of it.
Basal sir pl read the latest citation of SC in this matter. and also Delhi HC citation posted in files section.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 January 2011
And many friends as a routine suggest quash application at High court , just creating false hopes.
Please read the Delhi HC citation before giving advice of quash , dismissal etc.
Once the process is issued in NI 138 you have only option to demolish the case at trial level by clever stratagies., cross and many such other tactics.
Advocate. Arunagiri
(Expert) 24 January 2011
Complaint can not be dismissed u/s 139 of NI Act. He can get acquitted by rebutting the allegation.
Guest
(Expert) 30 January 2011
1.YOU MAY MENTION TECHNICAL DETAILS OF THE CASE .DATE OF DISHONOUR OF CHEQUE AND DATES OF NOTICES GIVEN AND DATE OF FILING THE COMPLAINT IN THE COURT .JUST CHECK IF LIMITATION PERIOD IS STRICTLY FOLLOWED.THERE ARE CITATIONS ON LIMITATION PERIOD WHICH WILL START FROM THE DATE OF ISSUE OF FIRST NOTICE.CAUSE OF ACTION WILL ARISE FROM THAT DATE.CASE SHOULD BE FILED WITHIN LIMITATION PERIOD FROM THAT DATE.
2.KINDLY NOTE THAT
OBJECT CAN BE RAISED ON CHARGING INTEREST BY COMPLAINENT WHO CAN NOT CHARGE INTEREST WITHOUT HAVING LICENCE FOR MONEY LENDING.
3.ABOUT ISSUE OF PROCESS IF CHALLENGED IN HIGH COURT AND ALSO BY FILING DISCHARGE APPLICATION IN LOWER COURT THEN REVISION TO SESSIONS/HIGH COURT, THE ACCUSED CAN DELAY THE MATTER AND IN DUE COURSE OF TIME ACCUSED CAN COMPOUND THE CASE BY COMPROMISING THE MATTER WITH COMPLAINENT.IT IS ADVISIBLE FOR ACCUSED TO DELAY THE MATTER SO THAT HE GETS ENOUGH TIME TO ACCUMULATE SUFFICIENT FUNDS FOR SETTLING THE MATTER LEGALY IN COURT WHICH WILL ALLOW COMPOUNDING THE MATTER ON AN APPLICATION SUBMITED BY BOTH THE COMPLAINENT AND ACCUSED.
GOOD LUCK.
