K S SARMA (CONSULTANT) 23 September 2011
Dear Experts
Case u/s 138 ni act:
Basis for the debt is promissory notes, which were time barred. Not produced before court.
Complainant admitted in his cross examination that promissory notes were not produduced before court and they are time barred and not legally enforceble.
Is it not possible to request the Hon Court to dismiss the complaint at this stage as the the very basic proof of debt is not met.
rajeev sharma (Advocate Ex senior manager law ) 24 September 2011
when you gave the cheque u acknowleged the debt .it is not time barred now
K S SARMA (CONSULTANT) 24 September 2011
What is the meaning of "LEGALLY ENFORCEBLE DEBT" in NI act ?
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 24 September 2011
the lower courts do not go on such finer points and there is no provision of dismissal prior to completion of trial in NI 138 cases. The best strategy is go in revision prior to final judgement.
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