138 n.i. act

ask your advocate., he will guide you.

You cannot take back the original cheque because it is a major evidence and at any stage accused can insist for forensic analysis with respect to certain parameters. Don't even attempt it.

If you have submitted any account books in original, then your advocate would get them back.

You cant but you may take the certified copy of the same 094480356551

dear sir
reg: u/s138 n.i. act SITA V/S RKJAIN 2006
ref: i am accused and filed appeal agaist trial court order against me
i got your email from toostep.com kindly suggest/advice me with ref to overcome 
by undergoing criminal appeal :
details facts are as under
i did business of share sub-broking till 2004 with regd. sebi broker of bse.i 
was also sebi regd. sub-broker. out of old client one has taken some advance from 
me through cheque to repay back. meanwhile she took a cheque of 20000 on 1st 
april 2006 in turst with promise to lodge after paid the old bal due to me. 
despite my oral denial to lodge 
as she unable to paid old dues, she lodge the cheque in her bank and got
dishonoured.consiquently sent me a notice to pay with 2000 fees etc aggregated 
22000(twenty two thousand) i replied with fact that already i owed her 83000 so i 
did not manage payment in my a/c so got dishonored.
she filed a case agaisnt me u/s138 in trial acjm court with the following points:
1.she pointed that i sold 25 reliance ind to accued and 17000+3000(old bal due to 
me)accused issued me 20000 said cheque .
2.i am regalarily dealing share purchasae sell with his firm
3.still few share to be recd from accused.(RKJAIN)

AS I HAVE ALREADY STATED THAT I CLOSED MY SUB BROKERSHIP BUSINESS IN THE YEAR
OCT.2004 AFTER FINANCE BILL 2004 POLICY CLIENT NEED TO REGISTER DIRECTLY WITH 
BSE/NSE MEMBER BROKER NOT WITH SUB BROKER, AS SUB BROKER CONCEPT GET OVER.

SO IN THIS NEW CONCEPT CLIENT NEED TO DELIVER SHARES TO MEMBER BROKER'S A/C
DIRECTLY AND BROKER NEED TO MAKE PAYMENT TO CLIENT IN HIS/HER A/C DIRECTLY
THE DEALING IS ALL SET TO ELECTRONIC FORM EVEN SHARE BUY/SELL BOTH SETTLE
ELECTRONICALLY.
SO IN MY CASE SHE NEVER GIVEN ANY SHARE IN MY DEMATE A/C EVEN I HAD NOT HOLDING
ANY RELIANCE IND SHARE SINCE LAST ONE YEAR. ALSO SHE NEVER MADE ANY PAYMENT
TO ME NEITHER HAD ANY ACCOUNT SHOWING SO CALLED DEALING WITH ME.
BUT TRIAL COURT ORDER AGAINST ME AND AWARD TO PAY 30000 ALONG WITH 2 MONTH 
SIMPLE PRISONMENT.
SO KINDLY ADVICE ME FEW REFRENCE CASES WHICH FAVOUR ACCUSED AS COMPLAINANT
HARRSHED ME TO PAY AS PER HER DEMAND.

APPEAL IS UNDERGOING IN ARGUMENT U/S 391 TO TABLE DEMATE A/C STATEMENT 
OF COMPLAINANT.
I COULD NOT UNDERSTAND WHILE SHE NEVER PAID ANY AMOUNT TO BUY SHARES AND
NOT TRANSFER SHARES OF RELIANCE FROM HER A/C TO MY A/C AND EVEN I HAD ALSO
NOT HOLD SHARE IN MY A/C THAN WITHOUT OWING SHARE HOW CAN SHE SOLD THE SHARE
AND I BECAME LIABLE TO PAY CHEQUE.
SHE NEVER POINTED IN HER COMPLAINT THAT I ISSUED CHEQUE IN OBLIGATION OF
OLD LOAN GIVEN TO ME IN CASH/KIND.
PLEASE ADVICE
REGARDS
RKJAIN

dear sir
reg: u/s138 n.i. act SITA V/S RKJAIN 2006
ref: i am accused and filed appeal in session court after trial court's order against me
 undergoing criminal appeal :
details facts are as under
i did business of share sub-broking till 2004 with regd. sebi broker of bse.i 
was also sebi regd. sub-broker. out of old client one has taken some advance from 
me through cheque to repay back. meanwhile she took a cheque of 20000 on 1st 
april 2006 in turst with promise to lodge after paid the old bal due to me. 
despite my oral denial to lodge 
as she unable to paid old dues, she lodge the cheque in her bank and got
dishonoured.consiquently sent me a notice to pay with 2000 fees etc aggregated 
22000(twenty two thousand) i replied with fact that already i owed her 83000 so i 
did not manage payment in my a/c so got dishonored.
she filed a case agaisnt me u/s138 in trial acjm court with the following points:
1.she pointed that i sold 25 reliance ind to accued and 17000+3000(old bal due to 
me)accused issued me 20000 said cheque .
2.i am regalarily dealing share purchasae sell with his firm
3.still few share to be recd from accused.(RKJAIN)

AS I HAVE ALREADY STATED THAT I CLOSED MY SUB BROKERSHIP BUSINESS IN THE YEAR
OCT.2004 AFTER FINANCE BILL 2004 POLICY CLIENT NEED TO REGISTER DIRECTLY WITH 
BSE/NSE MEMBER BROKER NOT WITH SUB BROKER, AS SUB BROKER CONCEPT GET OVER.

SO IN THIS NEW CONCEPT CLIENT NEED TO DELIVER SHARES TO MEMBER BROKER'S A/C
DIRECTLY AND BROKER NEED TO MAKE PAYMENT TO CLIENT IN HIS/HER A/C DIRECTLY
THE DEALING IS ALL SET TO ELECTRONIC FORM EVEN SHARE BUY/SELL BOTH SETTLE
ELECTRONICALLY.
SO IN MY CASE SHE NEVER GIVEN ANY SHARE IN MY DEMATE A/C EVEN I HAD NOT HOLDING
ANY RELIANCE IND SHARE SINCE LAST ONE YEAR. ALSO SHE NEVER MADE ANY PAYMENT
TO ME NEITHER HAD ANY ACCOUNT SHOWING SO CALLED DEALING WITH ME.
BUT TRIAL COURT ORDER AGAINST ME AND AWARD TO PAY 30000 ALONG WITH 2 MONTH 
SIMPLE PRISONMENT.
SO KINDLY ADVICE ME FEW REFRENCE CASES WHICH FAVOUR ACCUSED AS COMPLAINANT
HARRSHED ME TO PAY AS PER HER DEMAND.

APPEAL IS UNDERGOING IN ARGUMENT U/S 391 TO TABLE DEMATE A/C STATEMENT 
OF COMPLAINANT.
I COULD NOT UNDERSTAND WHILE SHE NEVER PAID ANY AMOUNT TO BUY SHARES AND
NOT TRANSFER SHARES OF RELIANCE FROM HER A/C TO MY A/C AND EVEN I HAD ALSO
NOT HOLD SHARE IN MY A/C THAN WITHOUT OWING SHARE HOW CAN SHE SOLD THE SHARE
AND I BECAME LIABLE TO PAY CHEQUE.
SHE NEVER POINTED IN HER COMPLAINT THAT I ISSUED CHEQUE IN OBLIGATION OF
OLD LOAN GIVEN TO ME IN CASH/KIND.
PLEASE ADVICE
REGARDS
RKJAIN

please advice to overcome this case where cheque given in trust to help is made me accused.

regards

rk

Nothing is clear from your long narration.

Whether you lost the case in lower court than what was the order.

Where appeal / revision is filed.

The case was simple and you should have won it.

Post the order, original complaint, affidavit of complainant and your statement.