Section 138

Querist : Anonymous (Querist) 30 November 2011 This query is : Resolved
My customer(a closely held public limited company) owed to me (I am a limited company) Rs 5 lac. After a lot of persuation he made a payment of Rs 5 lac to me but from another private limited company in which he also was a director, on behalf of the 1st company .

That is, the customer cleared the dues from his second company.

There is no written commitment/agreement between us in this regard.

Is third party transfer valid/covered u/s 138?

Please help. If you can list some good latest authorities of Supreme / High courts please help.

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DEFENSE ADVOCATE.-firmaction@g (Expert) 30 November 2011
The skill of criminal advocate is that he / she should be able to contest from any side with results.

So I am an advocate for accused in such cases still if you take your steps properly the case can be won for third party cheques.

Querist : Anonymous (Querist) 30 November 2011
Mr JSDN,

Wher are u based? We are in Faridabad haryana.

M.Sheik Mohammed Ali (Expert) 30 November 2011
yes, i do agree

Deepak Nair (Expert) 30 November 2011
Yes. I agree with Mr. JSDN. Such cases can be won if you take proper steps.

ajay sethi (Expert) 30 November 2011
well criminal complaint would be maintanable on account of dishonour of cheque issued by the director

Rajeev Kumar (Expert) 30 November 2011
Yes the present case will be won by taking your proper steps

Adv.Shine Thomas (Expert) 01 December 2011
I have the same opinion

DEFENSE ADVOCATE.-firmaction@g (Expert) 01 December 2011
I appear for NI 138 cases for accused only dear friend.

DEFENSE ADVOCATE.-firmaction@g (Expert) 01 December 2011
Still I gave my opinion in your favor since in one similar case accused was aquitted by the trial court, HC confirmed it. But complainant did not loose hope and went to SC and in one of rare case the SC directly convicted the issuer of cheque.

Querist : Anonymous (Querist) 01 December 2011
Thanks everyone for your valuble inputs. You all were a great help.

Shonee Kapoor (Expert) 02 December 2011
JSDN and others have given good advise.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Devajyoti Barman (Expert) 03 December 2011
yes right..

Shailesh Kumar Shah (Expert) 04 December 2011
Agree! No further addition needed.

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