Vishal Sharma (MD) 05 August 2013

138 n i act

I issued Mr. X one cheque of 20 lacs out of which I paid him 5 lacs through some mediators but didnt have any receiving of Mr. X with me about the same, I was ready to make the balance payment of 15 lacs to him but he start asking for whole 20 lacs and then started 138 NI Act case on me in court, I took bail and appearing in front of court on each date, on the day of charges I accepted that I issued the cheque and even paid 5 lacs to Mr. X and ready to pay balance 15 lacs for which Mr. X said that he never received any amount and since then case is going on.

Now, my question is that what max to max can happen in this case? I am already ready to pay 15 lacs but cheque is of 20 lacs and I dont hav any proof in written that I paid Mr. X 5 lacs except mediators who are ready to come in court and ready to claim that I made the payment of 5 lacs to Mr. X.

Kindly give your suggestions about the case.

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4 Replies

adv.raghavan (Advocate,9444674980) 05 August 2013

have u already filed ur witness list to the court, if court gives us positive note, u can go ahead, but generally defence witness in these cases will weaken ur position to a larger extent rather helping u out.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 05 August 2013

.KINDLY NOTE THAT THERE IS AMMENDMENT IN THE NEGOTIABLE INSTRUMENTS ACT. THE OFFENCE IS MADE COMPOUNDABLE .HENCE IN CASE THE MATTER IS SETTLED BETWEEN THE PARTIES , THEN ON AN APPLICATION IN THE COURT , THE COURT MAY ALLOW TO COMPOUND THE CASE AND CLOSE THE CASE.