Ni-138- computer generated memo from bank without seal/stamp

The defense has to object at every stage and for it you must be fimilar with every word of the complaint, if it is not mentioned in the complaint and not submitted alongwith complaint do not allow it to be submitted at later stage or any testimony to fill the gap. If the court still does not listen it is the right of the defense to seek a speaking order on your application and go the revision. If this opportunity is lost your legal right to rebutt is lost.

Dear Mr Reddy,

I am facing NI 138 case in trial court. Cheque was produced in my bank on 24th November 2005  and date mentioned on Memo from my bank  is 23rd November 2005.  The lawyer of Complainant is saying that its clerical mistake by bank. Petitioner didn't inform my bank about this clerical mistake. My Lawyer has cross examined Complainant and he said that he is unware of this mistake of date in Memo. Even bank officer has stated that he is unaware of this mistake in memo as he has recently joined branch. he also didn't confirm the name of the bank officer who signed memo as he was not posted in branch at that time.

Now the bank has given evidence that cheque was returned from your account so all earlier irregularities are covered.

Dear JSDN, I dn't understand your views. If bank memo is without stamp and sign (computer generated) and Bank manager comes and confirm the insufficient amount reason of cheque bouncing then you quote it as in favour of accused as it is not fulfilling conditions of NI 138. In my case memo has wrong date and you are saying it is covered under statement of bank officer although he also admitted mistake of wrong date mentioned in memo.

you will understand my views when final results will come than you will blame, advocates, courts and what not. Advice from sites like this does not solve problems in court cases.

In your case once the bank person has testified that cheque is bounced from your account all other irregularities are covered. You should not have allowed the testimony of the bank person since no seal than the view point is valid now not.

You have opened the bag for the cat to come out so till court gives final verdict go on getting various inputs at this site which has no relevance to actual problem.

i am sending you Demand Notice of Complainant in attachment by email.

i am sending you copy of Demand Notice by email.please check it

you must send all the papers., nothing is recieved.

And at this stage to not be over confident, find out some locuna of the case and file revision to get time.

DO NOT PANIC  U WILL BE HAVE CHANCE TO CONVEY THE ERRORS OF TRAIL COURT IN APPEAL COURT.PLS ALL 138 CASES MUST ADJUDICATED VERY CAREFULLY IN TRAIL STAGE WITH ALL DEFENCE EVIDENCES;-

ONE SHOULD BE THOROUGH WITH COMPLAINANT"S-- LEGAL LIABILITY, LEGAL DEBT,COMMERCIAL TRANSACTION, SOURCE OF FUNDS, IT RETURNS,  LICENCE OF PRAWN BROKING, IT ACT PENALITY FOR MORE THAN 20K IN CASH DEAL ETC.,SECURITY CHQ, WRITTING OF CHEQUE OR MAKER OF THE CHQ,

EXACT INTREPRETATIONS OF SEC 18, 138, 139,142, 141,145, 146 AND 147 OF NI ACT

Dear Mr Reddy, Thanks for your support otherwise all others are with Complainant only.

I want ask something regardin Punjab Money lending Act. If Complainant has admitted in his cross examinatiion that he has lent loans to 4 or 5 different persons beside accused. And complainant doesn't remember names of those loan borrowers.  Then Can we prove Complainat as Money lender without Money Lending License?

Reddy saheb your advice was good before bank official was not examined, now the bank has given evidence that cheque was bounced for want of funds from the account of accused now the evidence is sealed.

I have advised that even at this late stage the accused should find some locuna and file revision so as to get time. Otherwise after bank evidence technicals will have no value in law and no lower court will consider it.

any lending which falls under the anti money laundering act, can  be taken as ground under lillegal enforceble debt u/s 138. ESTABLISH  even now u/s 311

Dear Mr Reddy, As i have told you that Complainant has admitted in his cross examination that he has alread lent handloans to few other people also beside me. If Complainant is not having Money Lending License under Punjab Money Lending Act then how he is lenfing Hand loans to different people. Can we make complaint in concerned department regarding these Illegal Money lending by Complainant?

Yes but  first you have to establsh it that the advance is money lending without legal permission  by making a case before the competant authority and till that time the case must stay.

The view taken by Bombay HC is in this matter is not followed by lower courts since not binding.

ALL H.C JUDGMENTS UNLESS IT WAS STRUCK BY SUPREME COURT THE RATIO OF THE H.C IS TO TAKEN IN TO CONSIDERATION , BUT ANY FACTS VARIES AS PER THE CASE THE LOWER COURT MAY NOT INCLINED TO  RELAY ON THE DECISION (BY JUSTIFYING THE VARIATIONS IN DETAILED).