NI Act 138(b) the SC judgment

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 05 August 2011

Defense lawyers of NI 138 pl note , good citation for coming out.

Ankit @mka.asr (Prop) 07 August 2011

my real brother had recieved notice through registered post. He signed also while recieving it. Will it help in my case as i am defending NI 138 case in court.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 07 August 2011

THAT WHAT SAYS THE ABOVE APEX COURT DECISION IN COTEX OF 138(B).

NO GENERAL CLAUSE ACT, NOTHING IT SHALL SERVE ON DRAWER NOT ON ANY OTHER PERSON/FRIEND/RELATIVE.

Ankit @mka.asr (Prop) 07 August 2011

I didn't recieve Notice personally so what point my Lawyer can raise in defence?

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 07 August 2011

THE SAME CITATION HOLDS GOOD FOR NON SERVING UPON YOU

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 07 August 2011

That you have not recieved the notice personally and hence no case maintainable against you as per above citation.

Ankit @mka.asr (Prop) 07 August 2011

Dear Sir,

I need your valuable advice regarding dishonur of cheque.

1. In 2005 i have given 1 cheque to friend of my brother. That person is working as property dealer. Actually this postdated cheque was given by me as security. After 3-4 days i changed my mind to purchase that property.

I asked that person to return my cheque as am not intersted. He tried to insist me alot to purchase but i denied. He told me that cheque is misplaced somewhere. But later he had sent me notice from Lawyer to claim 1 lac( which he already got from me). I didn't receive notice. Later he sent us registered post and we received it.

2.When that person told me that cheque is lost then i gave application to Banak Manager for stop payment of ful series of 10 cheques although i gave him 1 cheque only. I have never used rest 9 cheques after that. I have that Stop Payment certificate issued by Bank Manager, Statement showing bank charges for stop payment of 10 cheques also. I made stop payment before cheque bouncing.

3. Cheque was produced in my bank on 4th March 2005 date mentioned on Memo of cheque bouncing is 3rd March 2005. The lawyer of petitioner is saying that its clerical mistake by bank. Petitioner didn't inform my bank about this clerical mistake.

4. Petitioner is claiming this amount as according to him this money was given to me as Friendly loan to construct my office (office address mentioned ). My office is rented property and i am not ownwer of the property.

5. After 6 years in 2011 bank officer has come for witness ( after almost 15 summons by judge) . He said that when bank gets cheque from party then ist they check funds in account. If its short of funds then they tick 1. Short of funds 2. Stop payment (in my case). But bank didn't tick Stop payment clause in Memo.

6. Petitioner has admitted in his statement that he knows one bank official ( my bank branch) and that bank official has business relationship with him.

I have given my written statement and now Lawyer of petitioner will cross question me in next date.

I need your valuable advice to prepare myself for next date so that i can answer properly to lawyer of petitioner.

Ankit @mka.asr (Prop) 18 August 2011

Dear Sir,

I need your valuable advice regarding dishonur of cheque.

1. In 2005 i have given 1 cheque to friend of my brother. That person is working as property dealer. Actually this postdated cheque was given by me as security. After 3-4 days i changed my mind to purchase that property.

I asked that person to return my cheque as am not intersted. He tried to insist me alot to purchase but i denied. He told me that cheque is misplaced somewhere. But later he had sent me notice from Lawyer to claim 1 lac( which he already got from me). I didn't receive notice. Later he sent us registered post and my brother received the Notice. I didn't recieve the notice personally.

2.When that person told me that cheque is lost then i gave application to Banak Manager for stop payment of ful series of 10 cheques although i gave him 1 cheque only. I have never used rest 9 cheques after that. I have that Stop Payment certificate issued by Bank Manager, Statement showing bank charges for stop payment of 10 cheques also. I made stop payment before cheque bouncing.

3. Cheque was produced in my bank on 4th March 2005 date mentioned on Memo of cheque bouncing is 3rd March 2005. The lawyer of petitioner is saying that its clerical mistake by bank. Petitioner didn't inform my bank about this clerical mistake.

4. Petitioner is claiming this amount as according to him this money was given to me as Friendly loan to construct my office (office address mentioned ). My office is rented property and i am not ownwer of the property.

5. After 6 years in 2011 bank officer has come for witness ( after almost 15 summons by judge) . He said that when bank gets cheque from party then ist they check funds in account. If its short of funds then they tick 1. Short of funds 2. Stop payment (in my case). But bank didn't tick Stop payment clause in Memo.

Statement of Complainant in court:

1.Complainant has admitted in his statement that he knows one bank official ( my bank branch) and that bank official has business relationship with him.

2. He also gave statement that its Friendly Loan to me for Construction of my office. My office is rented property and interior was done with Bank Loan of Rs 2 Lac from any other bank. I have Loan Payment papers also.

3. As at the time of Petition filing in court Complainant was not financially sound so he admitted court that 70% Loan amount was pooled by his father. His father didn't appear in court at all for his witness.

4. One of Official in my Bank is his business associate.

I have given my written statement and now Lawyer of petitioner will cross question me in next date.

I need your valuable advice to prepare myself for next date so that i can answer properly to lawyer of petitioner.

I am waiting for your early reply.

Thanks and regards

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 18 August 2011

NI 138 is a criminal case and piecemeal advice will do more harm than good , since once the case is decided against the accused there are very few options left.

Jesus has said the only well wishers lead you to the doors of hell. Similar is the story of Hindus about SHIV , PARVATI AND NANDI. Whatever they do the people suggest some alternative way resulting in no solution at all but just more and more confusion.

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