Section 138 nia
AMIT KUMAR SHARMA
(Querist) 19 January 2013
This query is : Resolved
Dear Sir,
One of my friend taken Rs. 50,000/- as borrow and after complaint against him to Officer Incharge of Police Station, he has given Rs. 20,000/- but for 30,000/- he gave me three cheques without date for depositing after one month from the date of settlement.
He is requesting to do not deposit these cheque and saying every month for next month.
I have no proof of loan in writing except of cheques provided by him in my name.
Can I file case under sec 138 of NIA after dishonored any one cheque. Can Court ask any proof besides of Cheques? Since I have only cheque as Proof.
He had a agreement for that but this agreement is not registered with court. It is only notary. Can it is to be useful for litigation.
Please help.
Regards,
amit
AMIT KUMAR SHARMA
(Querist) 19 January 2013
Dear Sir,
When I file case against him, I have to sped money for fighting this case.
Can I claim the expenses like Advocate fee, court fee and other exp. Relate to this case
Advocate Bhartesh goyal
(Expert) 19 January 2013
Yes you can initiate proceedings against
drawer of cheque.
The Negotiable Instruments Act, 1881
139. Presumption in favour of holder
1[Presumption in favour of holder
It shall be presumed, unless the Contrary is proved, that the holder of a cheque received the cheque of the nature referred to in section 138 for the discharge, in whole or in part, or any debt or other liability].
Rajeev Kumar
(Expert) 19 January 2013
No you have to bear the expenses on your own.
V R SHROFF
(Expert) 19 January 2013
order can be passed for chq amt+ compensation double the amount of cheque + jail
So u will recover your initial amt++ expenses also.
It is al;ways good to nrecover , then bear injustice and loose Money, lose your face, that u could not recover!
Nothing is free, so even legal procedure will cost. You can't recover FREE OF CHARGE,
prabhakar singh
(Expert) 19 January 2013
Cost of litigation can be claimed only in civil litigation which you can file despite initiating criminal proceedings u/s 138 of NI Act.
HERE IN CRIMINAL PROCEEDINGS YOU SHALL GET WHAT MAGISTRATE SHALL AWARD PENALTY PAYABLE TO YOU BY ACCUSED WHICH MAY BE TWICE THE AMOUNT OF THE CHEQUE.
ajay sethi
(Expert) 19 January 2013
amount involved is Rs 30,000 . you will spend substantail sum of money on leagl fees . issue legal notice under 138 Ni against the friend on dishonour of cheque . may be he will make payment .
Raj Kumar Makkad
(Expert) 20 January 2013
It is not wise to go or litigation as the amount of the cheque is meagre.
AMIT KUMAR SHARMA
(Querist) 21 January 2013
In case he has stopped the payment by written a letter to their bank.
Can I file case in this regards.
ajay sethi
(Expert) 21 January 2013
yes you can file case if he has stopped payment
Raj Kumar Makkad
(Expert) 21 January 2013
there is no legal hurdle to do so but keep in mind the amount of the cheque.
