Permanent exemption in N.I.Act 238

Nirav Bhatt (Querist) 21 August 2018 This query is : Resolved
A Pvt. finance company filled the complaint under N.I.Act - 138 against a person who is employee of partnership firm because when Owner of the firm received the load from complainant he give surety check of his employer...So now finance company go to court ...Now in this case accused's daughter is physically disabled more than 80%... Can accused fill the Permanent exemption application & court allowed or not ??

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Nirav Bhatt (Querist) 21 August 2018
Please give ur valuable Opinion

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Nirav Bhatt (Querist) 21 August 2018
Please give ur valuable Opinion

Dr J C Vashista (Expert) 22 August 2018
There are number of inconsistencies in your question such as
a) the drawer of the cheque was "unauthorised" signatory;
b) cheque was issued from the account of the partnership firm where the accused was an employee;
c) the cheque is stated to have been issued for "security" by an unauthorised signatory;
d) finance company (presumably complainant) has moved complaint u/s 138 of the Negotiable Instruments act, 1881 against whom i.e., who is accused:
e) daughter of the accused is stated to be handicap, how it is correlated to the complaint or complainant:
What is the opinion and advise of the lawyer appointed by the employer (firm) of accused ?
Have you/ accused lost faith in his/her lawyer?
Why do you need obligation from experts on this platform via second opinion and advise except the fact it is available FREE OF COST?

Guest (Expert) 22 August 2018
Are you the accused employee of the partnership firm?

If not, how concerned and why worried, when the lawyer of the accused can be expected to advise him or act appropriately on his behalf?

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