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rajesh (na)     04 July 2012

Are courts offering correct verdict in 138 ni act?

I was browsing verdicts of cheque bounce cases  , And  in most of the cases  

1.court's  sentenced  borrowers  of friendly loan .

2.Accused  always  claimed their  cheques were stolen or  taken as blank cheques  

While court's always  favoured complaintaint in such cases 

 

 

now my question is ? A has taken  loan from B  and issued cheque's as security  or signed some documents ?Now  there are huge chances that B  manupulate  A's cheque  

My question is  IF  B  is taken Signed cheque's from A  why not he transfer loan amount to A's account to keep deal more transparent  ?  

Taking blank cheque's etc simply allow  to B to charge  20% interest per month or  it is  most likely he stole cheques and present  it in bank , Lot of fraud can be done , You can take anyone's sign  in deceptive ways  . 

Is not  it better to make  a law  that loan taken in bank account should be considered as valid loan . It will make law  more transparent  and  save  lakhs of people   . And  people will respect   law more 

i



Learning

 2 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     04 July 2012

All such things are there in the law but accused fails to raise proper defense.

SAINATH DEVALLA (LEGAL CONSULTANT)     07 July 2012

Well, Is the complainant right or the contention of the accused is correct?Can I have a briefing.


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