N i act, 1881
Pradip Bajaj
(Querist) 10 May 2016
This query is : Resolved
Dear Sir,
Let me discuss and get your views/ contributions about the procedure for filling a case under section 138 of NI ACT.
1] Amount given as financial help/ loan/gift/ wager contract.
2] With/ without specific writing to this effect.
3] Cheque issued by the Accused returns unpaid with remmark "insufficient funds".
4] Notice by the Counsel of the Complainant issued within 30 days giving 15 days time to repay the amount.
5]Payment not received. Case filed within 30 days after 15 days (Cause of action).
6]Complainant examined, process issued, accused present and go on bail.
7]Cross of Complainant by the Accused's Counsel{u/s 145(2)
8]Date fixed for statement defence of the Accused.
9] submission of witness/ evidence/ exhibit by the Accused.
10]Cross of the Accused and his witnesses
by the Counsel of the Complainant.
11] Auguments
12] Judgment.
13] Appeal by either party.
Expert comments from either side..... prosecusuin as well as defence
Rajendra K Goyal
(Expert) 10 May 2016
Seems examination question / moot court problem.
Please discuss your actual problem with material facts, if any.
Pradip Bajaj
(Querist) 10 May 2016
add anything you have, if something required as per your judgment
Pradip Bajaj
(Querist) 11 May 2016
Mr. Bansal Sir,
This is not a query as wrongly understood by you. It is placed just for discussions and comments of experts like you.
You are free to add your view to the discussion.
Regards
Pradip Bajaj
Advocate
Gauhati High Court
DEFENSE ADVOCATE.-firmaction@g
(Expert) 11 May 2016
It seems you have come recently on this forum. Well at lest this brings fresh discussions than the normal ones.
The NI act has gone in so many changes that it has built in contradictions making it easy for any accused to win.
Even if you join after the conviction , can go to higher courts even for one point that is the law provides for appeal so it should be allowed without any conditions.
Some HIGH COURTS have given such judgments so the accused can easily keep the case going adding costs and uncertain future for the complainant.
Pradip Bajaj
(Querist) 11 May 2016
Sir,
There is no dispute to your view that this Act introduced to harass the Complainant. The Accused has many options to held up the issue in the courts for lng time. That is why I quoted the isue here for any fruitfull discussion/comments.
Regards
Pradip Bajaj
