Cheque bounce cases- NI 138

SAINATH DEVALLA

                                  As quite rightly said above, the loan sharks particularly private money lenders are creating havoc in the lives of the people,just because they have a blank cheque in their possession.In most of the cases u/s 138 of NI Act,even when the loan to be repaid is a small sum,these sharks deposit the cheques for huge amounts.The accused too has to be well versed with the sections of the NI Act ,so that he will e in a better position to defend himself in a proper way. Any way the above post is quite encouraging .

I am tra3ped in  138 then i setteled the case but i cant pay the II Installment of settelment.Now the opportunity of CE cenceld from MM.I fill the RP in sesstion court.Now the problem is my council signd the document in first court that we are settling the matter a3nd we have no Oppertunity for CE.Please sugesst for Recall of CE.  

Dear we for you.

I am also lawyer but not practicing. I am looking a counsel who would handle my case as gently like you. I have one bounced cheque, which has issued by my customer   issued as PDC cheque for Security purpose against goods received by him.

If you ready to handle this case I would send you all the papers to you. Before sending to the papers just I want to clarify the following.

• My customer issued the said cheque as PDC
• Can we prove that PDC has issued to discharge his legal debts not for security purpose?
• Even if I loss my case/amount no matter, my customer has to go in side the jail, is it possible?

Can you confirm the above doubts, summarily papers would scanned and send to you to your email ID.

Mr Basave gowda, as explained above the law is in favour of accused and we help him to take its full advantage. With due respect to all the contributors on this site , please note that whether citation or not the courts give judgments on the basis of evidence on record and the contradictions extracted by the defense advocate.  NO COURT CAN GO BEYOND THIS.

SO it is our humble effort to assist the victims of  N I 138 cases which are mostly being filed by loan sharks and illegal money lenders and not otherwise.Since we have expereince that with proper efforts the story of the complainant can be very easily pricked.

Dear Sir,

Let me know you are going to handle my case or not.

and confirm me my 3 question.

Imortanant one is that

Can we prove that PDC cheque issed towards discharge his legal debts.

Dear We for you

I'm waiting for your feed back, it appears from your mail that you are expertise in 138 of N.I.Act

We use expertise to help the accused since he needs all the sympathy in present system.

Dear Sir,

I am facing a cheque boouncing case presently in mysore. I had filed a police complaint on 31st July 2008 that I have lost the cheque book and have obtaind their acknowledgement, on the same day I have informed my bankers that the cheques which are lost should stopped for payment in the event of these cheques being presented for payment. The person who has filed th case now had presented one cheque for Rs.5,00,00 on 2.9.2008 in the cheques which were lost and the bankers have returned the cheque with the remark in sufficient funds. Though a letter had been issued to them on 31st July 2008. The court now has issued summons. what is the procedure how to defend myself. If you could kindly adivise me on this issue i will be much obliged.

Loan was given in 1996 when "A" was director though he did not sign the loan agreement. He submitted his resignation letter to the company with a copy to the ROC. Both were received and acknowledged.  

In 1998, cheque bounced. 

Wnat is the date of offence? When the notice period expired or when the transaction took place?

Dear Sir,

I am business man in IT & electronics trading and lost heavily due to recession & other related factors in the economy. All my personal loans and business loans were served regularly till June 2010 but as the business as totally collapsed, I am unable to serve the loans any more which were informed to all bankers. But I am surprised to see mis-behavior of the collection agencies of the bankers & now bankers filling cases under NI 138 act for recovery. Pls advise, as I am in no position to pay right now.

Regards

Partho Bhattacharya  

Still you have to appear and defend the cases. Do some hard work and engage a good advocate and if you search delligently there may be mistakes in notice or complaint which can help you to come out.

Dear Sir,

Thanks for your reply, I fighting the cases with a bold face. Sir, can you please guide me whether I can file a case  against a nationalised bank in consumer forum or any other court for denying my rightfull needs of finance at the time of recession when my company needed it most. The branch head was suspended due to lot of misdeeds & I have got of lot evidences against which proves that his involvement in corrupt practices.The bank had treated my account as NPA on 30th June 2010 and had issued notices under SARFEISY Act, even the sixty days time had also expired. Bank had repeatedly assured / hinted me of reviving the business but no action till date. I have replied the notices of the bank but I have not recived any communication from them. Even 75 days had already passed after issuing notices under section of SARFEISY Act, please advice what next step I should take against the banker as they have ruined my business carrier of 20 years as I am unable to bribe the coruupt officials of the bank. I am attaching the latest communication I had with bank.

With Best Regards

Partho Bhattacharya

8802147294 / 011-22433201

Delhi 

Bank tales its own time to take action but notice is issued u/s 13(2) you should have taken objections withing sixty days.

It is late still take legal objections as many as you can.

You can not force them for more finance but can make counter claim for there mistakes.

Bank tales its own time to take action but onece notice is issued u/s 13(2) you should have taken objections withing sixty days.

It is late still take legal objections as many as you can. the objections must have evidence and legal foundation.

You can not force them for more finance but can make counter claim for there mistakes.