section 138 NI act

What you have narrated is a complete case not just a point of doubt that needs a clarification.  The only advice that is best for you is to consult a lawyer who has reputation in doing NI Act cases and get defended as the case is already filed against you.

Thanks for your reply .What in case if i go for insolvency pitition? 

Fight propertly and you can come out of it easily.

Hello,

If they take a legal action against you, you can easily defend the case asking on what aspect the cheque was issued. There should be a sustantive proof of transaction being taken place between you and them, if not they cannot get through the case. And give an application seeking stop payment of cheque to your banker stating the cheque no. And file a police complaint at the earliest stating that your cheques are missing. But if you had issued cheques in lieu of any transaction of some thing n hiding such facts, everything can be turned down by them n even add that you have cheated them.

Regards,

plz. study this link of mine,certainly would be helpful,also request to give me feedback

https://lawyersclubindia.com/forum/Re-138-N-I-A-IS-DEAD-ALMOST-29868.asp

esp.  this link would make it ckear to U that stop payment/account close does not fall under 138 NIA,feedback plz.

https://indiankanoon.org/doc/159343/

Insolvency petition is discouraged as it will cost you heavily by forefeiting some of your precious civil rigths. Better followed the advise of the members and fight out your case.

having a cheque is  enough to file a case but not enough to prove the legal due , without proving cheque against consideration , court can do no wrong with u , there is clear guideline of supreme court .

Once case is filed you have to contest but it is easy to come out of any NI 138 case.