U/s 138 n.i. act
Adv. Mohan Chandra
(Querist) 05 April 2013
This query is : Resolved
Sir,
Thanks for your reference to my below mentioned query 3 days back
http://www.lawyersclubindia.com/experts/U-s-138-n-i-act-382676.asp
My query is my 7 more blank cheques are in the custody of the complainant of which they have deposited 1 cheque in 2005 and the suit is still pending decision in the Magistrates court.
The second cheque for almost double the amount under the first complaint they deposited it in 2010 and issued a demand notice but I did not reply (as per the suggestions from this forum) and the complainant too did not pursue the matter.
The third cheque for almost four time the amount under the first complaint they have deposited in 2013 (recently) and issued to me a demand notice.
Query 1
Should I reply to this Demand Notice
Query 2
Can I approach High Court and file a criminal complaint of harassment, mental torture, etc. (If yes under what section)
and restrain the complainant from depositing fresh cheques and pray to the court to take the cheques in its custody.
Query 3
Is it possible to claim damages, the delay in the lower court has been on account of the failure of the complainant to produce the records/evidence (4 years) under which the said facility/loan was granted, even as on date the complainant has on been able to place on record why and how the loan was given to the defendant and every time this question was asked during cross the CW has given contradictory answer to the previous cross.
Thanks
ajay sethi
(Expert) 05 April 2013
yes reply to demand notice .
no fight case on merits .
if they are unable to prove the case then complaint would be dismissed . concentrate your energies on fighting existing cases
Devajyoti Barman
(Expert) 05 April 2013
1. Yes you send reply.
2. You can file counter case but not in high court but in lower court only.
3. Yes can claim such reliefs.
ajay sethi
(Expert) 05 April 2013
thanks for your appreciation
