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By : NANDKUMAR B.SAWANT, Lawyer/Attorney, ADVOCATE / LAWYER
Industry : Law Functional Area : India
Activity:  46 comments  48835 views  last activity : 06 26 2014 13:47:43 +0000
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NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE DISHONOUR OF CHEQUES AND FALSE CRIMINAL CASES FILED AGAINST ACCUSED UNDER NEGOTIABLE INSTRUMENTS ACT.SEC.138 KINDLY NOTE THAT.

1.KINDLY NOTE THAT THE LAW PROVISIONS OF NEGOTIABLE INSTRUMENTS ACT SEC.138 ARE OFTEN MISUSED BY THE BANKS AND COOPERATIVE SOCIETIES AND  CREDITORS AND PRIVATE MONEY LENDERS TO HARASS THE PERSON ISSUING THE CHEQUES.THESE FINANCERS COLLECT IN ADVANCE SIGNED BLANK CHEQUES OR POST DATED CHEQUES FROM THE BORROWERS AS SECURITY FOR LOAN.

2 BUT IN MOST OF THE COURT CASES THESE CHEQUES ARE MISUSED AND A FALSE CASE IS FILED IN COURT UNDER N.I.ACT SEC.138 FOR DISHONOUR OF CHEQUE

3 THERE IS A TENDENCY TO RECOVER EXCESS INTEREST AT HIGHER RATE THAN AGREED AND ALSO TO RECOVER PENAL INTEREST AND COURT CHARGES ,FEES FROM THE PERSON ISSUING CHEQUES.

4 HENCE FOR THE KNOWLEDGE OF COMMON PERSONS WHO ARE INVOLVED IN FALSE CASES OF N.I.ACT.SEC.138 ,SOME LAW PROVISIONS AND SAFTY INSTRUCTIONS ARE MENTIONED PLEASE NOTE.

A).UNDER PROVISIONS OF NEGOTIABLE INSTRUMENTS ACT.SEC.138  A LEGAL NOTICE ON BEHALF OF COMPLAINENT IS ISSUED TO THE DEFAULTER WHOSE CHEQUE IS DISHONOURED.IT SHOULD BE ISSUED WITHIN 15 DAYS OF DISHONOUR OF CHEQUE BY REGISTERED POST A.D.ALL FACTS INCLUDING THE NATURE OF TRANSACTION, AMOUNT OF LOAN AND OR ANY OTHER LEGALY ENFORCEABLE DEBT AGAINSTWHICH THE SAID CHEQUE WAS ISSUED AND THE DATE OF DEPOSIT IN BANK AND DATE OFDISHONOUR OF CHEQUE SHOULD BE MENTIONED THE NOTICE.

B) THE PERSON WHO HAS ISSUED CHEQUE IS DIRECTED TO MAKE THE PAYMENT OF AMOUNT OF DISHONOURED CHEQUE WITHIN 15 DAYS. IN C ASE THE SAID PAYMENT IS MADE WITHIN 15 DAYS OF SERVICE OF NOTICE THEN THE MATTER ENDS.

C.BUT IN CASE THE SAID PAYMENT IS NOT MADE WITHIN 15 DAYS THEN THE COMPLAINENT HAS TO FILE A CRIMINAL CASE IN THE COURT WITHIN 30 DAYS FROM THE EXPIRY OF  NOTICE PERIOD OF 15 DAYS .

D) THE COURT WILL HEAR ARGUMENTS OF COMPLAINENT/ ADVOCATE FOR COMPLAINENT AND ISSUE PROCESS UNDER SECTION 138 OF N.I.ACT.

E.)THE SUMMONS ARE SENT AND SERVED THROUGH POLICE STATION WHERE ACCUSED IS RESIDING.

F)KINDLY NOTE THAT IN N.I.ACT.SEC.138 CASES , POLICE IS LIMITED TO ONLY SERVICE OF SUMMONS AND IN CASE ACCUSED REMAINS ABSENT ON COURT DATE AFTER SERVICE OF SUMMONS THEN ONLY WARRANT IS SENT TO POLICE STATION TO PRODUCE ACCUSED IN COURT.

G)BUT IT IS OBSERVED IN SEVERAL CASES THAT ACCUSED PERSONS ARE HARASSED BY CONCERNED PERSONS WHO ARE DIRECTED TO SERVE NOTICE/WARRANT.

H)HENCE IT IS ADVISIBLE THAT ACCUSED SHOULD NOT BE AFRAID OF THIS COURT CASE AND REGULARLY ATTEND COURT DATES SO THAT WARRANT WILL NOT BE ISSUED AND FURTHER UNNECESSARY HARASSMENT WILL BE PREVENTED.

I) KINDLY NOTE THAT OFFENCE UNDER SECTION 138 OF N.I.ACT IS A BAILABLE OFFENCE AS THE PUNISHMENT PROVIDED FOR  SAID OFFENCE IS TWO YEARS.

J) ACCUSED HAS TO SUBMIT SURETY WITH ALL SURETY DOCUMENTS INCLUDING OWENERSHIP DOCUMENTS OF HOUSE OR LAND OWNED BY SURETY, HIS ADDRESS PROOF INCLUDING RATION CARD, ELECTION IDENTITY CARD, PHOTO AND ADDRESS PROOF OF SURETY AND ACCUSED.ON RECEIVING SUMMONS FROM THE COURT THE ACCUSED AND SURETY SHOULD REMAIN PRESENT IN COURT WITH ALL ABOVEMENTIONED DOCUMENTS AND COURT WILL ACCEPT THE SURETY AND ON SIGNING BONDS BY ACCUSED AND SURETY, THE BAIL WILL BE GRANTED AND ACCUSED WILL BE RELEASED BY COURT.

K) THEN THE COMPLAINENT WILL FILE THE AFFIDAVIT FOR HIS EVIDENCE WITH ALL ORIGINAL DOCUMENTS IN SUPPORT OF HIS COMPLAINT.THIS IS CALLED EXAM IN CHIEF OF COMPLAINENT.THEN ACCUSED/HIS ADVOCATE WILL CROSS EXAMINE THE COMPLAINENT.

L) COMPLAINENT CAN SUBMIT ADDITIONAL WITNESSES IN SUPPORT OF COMPLAINT.

M) THEN ONCE WITNESSES OF COMPLAINENT ARE OVER THEN STATEMENT OF ACCUSED IS RECORDED UNDER SEC.313 OF CRPC .ACCUSED WILL BE ASKED TO GIVE REPLY TO THE QUESTIONS AND ALLEGATIONS AGAINST HIM.

N)THEN WITNESSES OF ACCUSED TO PROVE HIS INNOCENCE WILL BE PRODUCED AND THE EVIDENCE WILL BE RECORDED BY THE COURT.

O)LAST STAGE IS OF ARGUMENTS OF ADVOCATE OF COMPLAINENT AND ARGUMENT OF ADVOCATE OF ACCUSED

P) COURT WILL PASS THE JUDGEMENT.

IN CASE ACCUSED IS ACQUITED THEN MATTER ENDS.

BUT IN CASE ACCUSED IS CONVICTED   THEN IMMEDIATELY ACCUSED SHOULD SUBMIT BAIL APPLICATION AND GIVE  SURETY AND PRAY FOR TIME TO APPEAL TO SESSIONS COURT. COURT WILL DIRECT HIM TO DEPOSIT FINE AS PER JUDGEMENT  IN THE COURT IMMEDIATELYTHEN HE WILL BE RELEASED.

HE SHOULD APPEAL TO SESSIONS COURT WITHIN ONE MONTH FROM THE DATE OF JUDGEMENT OF LOWER COURT.

Q) CRIMINAL APPEAL WITH APPLICATION FOR SUSPENSION OF SENTENCE AND FOR BAIL WILL BE GIVEN HEARING BY THE DIST AND SESSIONS COURT AND ON FURNISHING SURETY AS PER DIRECTIONS OF COURT INCLUDING DEPOSIT OF SOME AMOUNT TOWARDS COMPENSATION ORDERED AS PER JUDGEMENT THE ACCUSED WILL BE RELEASED ON BAIL.

R).KINDLY NOTE THAT THE DISPUTE MAY GO ON FROM DISTRICT AND SESSIONS COURT TO HIGH COURT AND THEN TO SUPREME COURT.

S).KINDLY NOTE THAT THERE IS AMMENDMENT IN THE NEGOTIABLE INSTRUMENTS ACT. THE OFFENCE IS MADE COMPOUNDABLE .HENCE IN CASE THE MATTER IS SETTLED BETWEEN THE PARTIES , THEN ON AN APPLICATION IN THE COURT , THE COURT MAY ALLOW TO COMPOUND THE CASE AND CLOSE THE CASE.

T) KINDLY NOTE THAT THESE ARE GENERAL GUIDELINES FOR KNOWLEDGE AND REFERENCE OF ALL CONCERNED WHO ARE HARASSED BY THE COMPLAINENTS BY FORCING THE BORROWERS TO ISSUE BLANK SIGNED CHEQUES IN ADVANCE AT THE TIME OF SANCTION OF LOAN.

U) SUCH BLANK CHEQUES ARE MISUSED BY THE COMPLAINENTS BY WRITING FALSE AND FICTITIOUS AMOUNTS AND GETING THOSE CHEQUES DISHONOURED.

V) I HAVE WON SEVERAL CASES ON BEHALF OF ACCUSED AND HAVE GOT ACQUITTED THE ACCUSED PERSONS FROM CHARGES OF NEGOTIABLE INSTRUMENTS ACT.SEC.138.I HAVE SEEN THE HARASSMENT OF ENTIRE FAMILY OF THE ACCUSED PERSONS WHO ARE CONTINEOUSLY UNDER TENSION DUE TO FALSE CASES FILED BY COMPLAINENTS.

IN CASE ANY ONE NEEDS ANY URGENT HELP ,KINDLY SEND DETAILS .WILL DEFINETELY HELP.

WITH BEST REGARDS TO YOU,YOUR FAMILY AND FRIENDS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE

 
46 comments on "DISHONOUR OF CHEQUES AND CRIMINAL CASE N.I.ACT.SEC.138"
  Commented by  all time play, Games, all time play    | 06 26 2014 13:47:43 +0000
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  Commented by  Sunita Sharma, Accountant cum Admin, Indian Council for Cultural Relations    | 06 20 2014 07:27:43 +0000
Dear Sir,

I have read the article which really beneficial for those who became victim of the NI 138 act. my family also facing the same problem my father had a business and he borrowed money from someone and after payment he had taken 25 blank cheques from my mother name and father name. We became insolvent and almost we paid but he is misussing of those cheque he has given all those cheques to his friends and they dishonor the cheque and file a case in the court of Rajasthan. sir pls suggest me what i do to prevent them form this fake case. on my e mail id sunita.sharma9@gmail.com
  Commented by  Jay Jariwala, self , JTG    | 05 31 2014 20:50:09 +0000
sir,
we wear having textile bussiness in surat . my father had some entries transaction on books of account with some one of about 3 cr through cheque,all the entries were made clear  on books by cheque transaction , now we dont have to pay him as per books of account, then my father took 1 cr from him in cash and we gave 4 blank signed cheques for security , we were unable to pay him back. now 3 years passed and over financial condition is extremely bad 
now he deposited each cheque by  of 75 lacks  total 3 cr which wear dishonored ,and had appointed one of the best advocate of city first we received summons but we didn't appeared . so warrant was issued but the police man supported us so we appointed a  advocate an got the warrant cancelled. police man also said that he is trying to put you in jail .we are suffering from great financial troubles and we are helpless .it is not that we dont want to pay him but we have no money or not even single property left with us.so now we are clue less and highly tensed .
how can we save over self ?
will he ultimately win the case?
if we dont have money of property to give him and we are sent to jail can we get bail? 
& at what cost
please help me my email jay5001@gmail.com , jtg5001@gmail.com
  Commented by  rohit, Medical Rep., xsterbiogenics    | 04 09 2014 12:23:41 +0000
Sir one more thing that cheque  was of bank of punjab , rajasthan
But bank of punjab merge with  hdfc bank in year 2008
But that person use that cheque in 2014.
Is this possible  person take a cheque of that bank which merge in other bank 6 year ago...

Sir plz help me on this case
  Commented by  rohit, Medical Rep., xsterbiogenics    | 04 09 2014 07:40:09 +0000
Sir i m frm rajasthan
I borrowed 20000  rs from  someone i gave him two signed cheque without date  after that i returned  20000 and intrest to him

After 1year he complaint against me (under sec 138 ni )  from his known person from other city

Me n my family is in too much tension
Sir plz help me

From     rohit999in@yahoo.co.in
Sir plz tell me wat to do now
  Commented by     | 03 05 2014 09:24:12 +0000
Sir

I am srinivas from kozhikode,tax consultant
One month back i dig a well for drinking water in my residential compound and for that i cut rocks from the well with help of machinery just like a minute blast without any sound ( as everybody is doing in our area for so many years).All these with the oral permission of neighbours.Now one of the neighbour saying that many cracks appear on the walls of his house due to this and threatend and harrased in the maximum level.I was ready to repair these cracks but he is not permitting.Also except 3-4 line like cracks all other cracks are already on his walls before this incident due to natural climatic conditions Due to coericion I was forced to issue a post dated cheue for Rs. 7lacs .On the next day we met an advocate and as per his advise we send a legal noticwe to him saying that this cheque is not valid and cancelled.By the way I informed my bank by letter for stop memo.All these done 25 days before  the cheque date.But he presented the cheque on date and it returned  with a memo stop payment.My account is with sufficient balance at the time of cheque presenting.Rejected only with the memo stop payment.
Now the neighbour gone for legal action under sec 138.My advocate informed that nothing to worry.As an expert on this subject I request ur advise on the same matter.
Sir is this comes un der sec 138 and if so also give ur advise on the precautions I should take against this.Kindly waiting ur reply sir
  Commented by  Krishna prasad, Programmer, ksdesoft    | 03 03 2014 09:26:02 +0000
hello Sir,

your material is  very useful for those who are suffer with this kind of cases.. 

I am also in same situation. My case is going and going to complicated... due to this case i loss my business and leave me home town and doing private job.. But still they are harrassing to me and my family...

They( Chairman of Path Sansthan) has good in police as well as in court.. He also give sum brave to my advocate and now my case is bad situation. They have my arrest warrant.

I want to try to settle but his demand goes to increase and increase...

How i can handle this situation... How to trust on advocate also.... 

please suggest , My case in The Judicial Magistrate Class 1, Jalgaon.
following are the case details.. if you have any good advocate , i will contact and also ready to his fees again..


	Name	:	Krishna Bihari
	Surname	:	Prasad
	Father's Name	:	Dwarka 
	DOB	:	01/02/1972
	PAN	:	APEPP9265R
	SCC No.	:	5785/2006 in the Court of Justice Mankar, The Judicial Magistrate Class 1, Jalgaon
	Appellant	:	Padmalaya Nagari


Please replay as soon as possible

Krishna Prasad
  Commented by  Mahfuz Siddiqui, Team Leader -(Technical), InfovisionTech    | 01 30 2014 06:15:58 +0000
Hi Sir My Name is Mahfuz M Siddiqui,
  Sir i have taken a loan from india Bulls company in the year of 2004,and as per my knowledge i have clear all my due to the company on time ,but now after 13 years they is asking again to pay the loan amount,how it is possible now,if some amount is pending towords me from the company they should ask me to pay me after my load tenure is over ,my load tenure is 2 years i have taken loan in 2004 & the the completion of loan tenure is 2006,now is 2014 after 8 years the company is asking me that my loan is pending how it is possible.Sir pls help me for this matter i am really very worry about this matter,pls help me to sort this matter its an request to you.waiting for your positive replay (pls replay me on : mahfuzsiddiqui@gmail.com) or call me on 8087059232 pls pls help me
  Commented by  Sujata More, Service/Maintenance Supervisor, MTNL    | 01 17 2014 17:44:37 +0000
Respected sir
one guys give me loan 3% interest per month he give me loan in mumbai and he taken 138 case in karnatak state now how can i do please sugest me on my mail moresujatha@gmail.com or call me 9167879047
  Commented by  Anand, CEO/MD/Director, ABC    | 01 13 2014 07:23:11 +0000
Hello Sir,

I am also one of victim like others.
My employee steal my signed cheque and filed case against me for amount of 20000 rupees, now how can I prove them that I did not gave any chq ?
I am really very worried, though it was rupees 20000.

Please help me and guide me aabt9@yahoo.com
Thank you once again

  Commented by  Dilip Rajegowda, Aviation Engineer, sriidhi    | 12 15 2013 18:22:42 +0000
excellent sir...and my question is

1 if complainent make any physical clash(with rowdy's) with accuse. then what accuse can do against complainant?
2 and before cheque dishonour, accuse gave complaint in the police station about cheque loss, so is there any option to escape from this case from this complaint? 

please reply me for this to 
ddilipbr@gmail.com 
09731025235
  Commented by  vijaikannan chinnu, Freelancer, FMCG/Foods/Beverage    | 09 19 2013 07:16:10 +0000
i had run a business in chennai. In my office one of my relative worked. At that time he was stolen my two signed cheques without my knowledge. Last six months back he sent a legal notice and filled a complaint in poonamalee court. i have received my summon and appear first question was asked on 16th sep 2013. I have no financial transaction with that party nut he gave a complaint of Rs. Ten lakhs was borrowed by me. how can i proceed this case? pls help me. God promise i will lend a single penny to him. pls. send ur advice to me thru my mail id. vijaickannan@hotmaill.com
  Commented by  Anil pawar, Civil Engineer -Telecom, na    | 09 12 2013 06:21:28 +0000
Hello Sir,

I have taken loan (1,30000rs)  from GOVT bank through PMRY govt scheme 2008 for do some business but do to some issue I lost my business and doing small private job..

Now bank send me notice to pay that amount (2,40000rs) but still my position is not like that to pay this amount.

So please suggest what I should do.. 
  Commented by  Anil pawar, Civil Engineer -Telecom, na    | 09 12 2013 06:21:00 +0000
Hello Sir,

I have taken loan (1,30000rs)  from GOVT bank through PMRY govt scheme 2008 for do some business but do to some issue I lost my business and doing small private job..

Now bank send me notice to pay that amount (2,40000rs) but still my position is not like that to pay this amount.

So please suggest what I should do.. 
  Commented by  Anil pawar, Civil Engineer -Telecom, na    | 09 12 2013 06:20:29 +0000
Hello Sir,

I have taken loan (1,30000rs)  from GOVT bank through PMRY govt scheme 2008 for do some business but do to some issue I lost my business and doing small private job..

Now bank send me notice to pay that amount (2,40000rs) but still my position is not like that to pay this amount.

So please suggest what I should do.. 
  Commented by  basavaraj t kalekinge, Freelancer, Management & Strategy Consulting    | 08 26 2013 03:58:41 +0000
hi sir ds is basavaraj from pune. am running my own businee as domestic call centre.
 from last 4 months my business in loss. my cheques become bounce . and front cliente are not ready listen at all. what is d suggestion u will give me sir. am not going to cheat them at all. sure will pay dm , but looking for sometime. am poor guy but my business my own. my number is +918888842952
  Commented by  basavaraj t kalekinge, Freelancer, Management & Strategy Consulting    | 08 26 2013 03:54:18 +0000
Hi sir ds is Basavaraj here. I was running my business from last 3 years well. But last 6 months am loss , and several of cheques had bcm bounce. and am completely become empty of my pocket and i was not able run my business as well these problems. everybody is saying that they are going to make a complaint against me. and even am not running my business for ds causes , and my mind is not working as well, am become mad about ds. but sure am going to make payment as well as if they r giving me a chhance . but they are not ready to do that. for that whta i has to do . plz help me how i had handle this proble. even am having poor family background. my number is +918888842952
  Commented by  Nikita Gupta, Company Secretary, S. Samdani Asso., vaodara aand BCL Industries, Bathinda    | 08 01 2013 07:02:28 +0000
hello sir,

I m Nikita Gupta, presently living in Bathinda, punjab.

we have booked house in the year 2011 and one shop in the year 2012 both with the same builder. After that house project of builder was cancelled due to some legal reasons so we asked builder to return our money of house along with the shop. He issued us post dated cheques (different for both house and shop). Both the project are in Karjan, Distt. Bharuch, gujarat.
Afterwards, when we presented the cheque in bank both the cheques were dishonuered. 
Now we want to file case against that builder. 

so my question is whether we can send a legal notice to the builder from Bathinda, punjab?????whether punjab will be the right jurisdiction?

please help me since our hard earned money is involved in this.

thanks and regards, 

Nikita 
csnikitasheth@gmail.com
  Commented by  Ѵіѕнѧг Ѧяїшѧгѧ, Hr, still searchig    | 07 20 2013 08:03:30 +0000
dear sir, please advice me, what if ACCUSED is run away with intention of cheat complainant?i had given money to my neighbor against cheque. But the neighbor was runned away with cheating with my client and other neighbors. i have sent notice to his house and shop's address, court has given me date. when police case will be filed? 
send reply me on: aariwala.vishal@gmail.com
  Commented by  Tom John, Chef De Partis, solution home    | 07 10 2013 20:16:56 +0000
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  Commented by  akhilesh, Electrical Engineer-Commercial, NCA    | 02 23 2013 01:48:07 +0000
sir thanks for giving such useful information .i am one of victim of same circumstances in indore where due to heavy loss in my business i took money from lander on very high rate of interest and to keep them quit for some time i issued cheques some have filled cases against me for very high amount iam contestin the case i will definatly contact you for the help Akhilesh 9993909010 Indore
  Commented by  Saurav, mechanic, Hero Honda    | 01 01 2013 08:22:48 +0000
Mukeem Khan in Faridabad is one such person who is into fraud big time. he tells that he is the owner of M.K Sr school in Sanjay colony. He lives in sec-21..he will give you post dated cheque which will bounce. there are several cases in faridabad court for cheque bounce against this person. Please donot deal with Mukeem Khan.
  Commented by  Saurav, mechanic, Hero Honda    | 01 01 2013 07:35:32 +0000
there is a person names Mukeem Khan. He is in  Delh-NCR area mainly Faridabad. He tells himself the owner of M.K. Sr secondary school in Sanjay colony. He is a big big fraud. Please be aware of the person. He will give you post dated cheques and ask money by sevel means but will never return the money and all his cheques bounces. There are several cases in Faridabad court against this person. Please be wary of this person. Mukeem Khan fraud hai..
  Commented by  Jaspreet Sethi, Freelancer, Hardware    | 12 16 2012 16:06:23 +0000
SIR
     I AM A TRADER I AM DEALING WITH THE SOME COMPANY FROM PAST 6 YEARS SEVERAL CHEQUES WERE ISSUED AND NONE OF MY CHEQUES HAVE RETURNTED COMPANY HAS ADVANCE CHEQUES WE ARE NOT DEALING WITH THE COMPANY FROM LAST 17 MONTHS DUE TO DISPUTE I HAD RETURN THE MATERIAL TO THE COMPANY AND FOUR MONTHS BEFORE COMPANY EXECUTIVE CAME TO ME FOR SETTLEMENT AND BY SETTLEMENT WAS DONE IN WRITING AND ALL WAS OVER I HAD TO PAY BALANCE I PAID BUT THEY HAD MY  CHEQUE ISSUED IN 2008 WITHOUT DATE COMPANY OFFICE IN PUNJAB AND MAIN OFFICE IN MUMBAI NOW THE COURT HAS SEND ME SUMMONS UNDER SECTION 138 MY MOBILE NO IS 07814521222 AND MAIL ID silver_9876@hotmail.com
jaspreet singh  punjab
  Commented by  Jaspreet Sethi, Freelancer, Hardware    | 12 16 2012 16:01:38 +0000
SIR
     I AM A TRADER I AM DEALING WITH THE SOME COMPANY FROM PAST 6 YEARS SEVERAL CHEQUES WERE ISSUED AND NONE OF MY CHEQUES HAVE RETURNTED COMPANY HAS ADVANCE CHEQUES WE ARE NOT DEALING WITH THE COMPANY FROM LAST 17 MONTHS DUE TO DISPUTE I HAD RETURN THE MATERIAL TO THE COMPANY AND FOUR MONTHS BEFORE COMPANY EXECUTIVE CAME TO ME FOR SETTLEMENT AND BY SETTLEMENT WAS DONE IN WRITING AND ALL WAS OVER I HAD TO PAY BALANCE I PAID BUT THEY HAD MY  CHEQUE ISSUED IN 2008 WITHOUT DATE COMPANY OFFICE IN PUNJAB AND MAIN OFFICE IN MUMBAI NOW THE COURT HAS SEND ME SUMMONS UNDER SECTION 138 MY MOBILE NO IS 07814521222 AND MAIL ID silver_9876@hotmail.com
jaspreet singh  punjab
  Commented by  R S TOOR, Freelancer, Automobile    | 08 18 2012 11:38:08 +0000
Dear Sir's, GOOD DAY I am a citizen of India Residing in Ghana (West Africa) for the last two decades I am having a residential property bearing H/No 5929- Duplex in MHC Manimajra Chandigarh (India)which has been occupied illegally by my close relative so called Saddhu I filed a Civil Suit of Possession in Oct 2006 however after dispute on house is in question my relative has some of my old blank cheques duly signed by me which were given to him to settle bill payment for property rent/ water/ Electricity  etc etc. but after the dispute i saw the danger so i quickly wrote to my bank in Jan. 2005 to stop payment on cheques in his custody duly wrote his name, I did not inform my relative about my action taken. When he received summons on Civil Suit For Possession filed by me in Oct 2006 as a counterblast he filled the body of a cheque with RS/-705,000.00 and presented the cheque in Mar. 2007 cheque was returned with memo STOP PAYMENT then he send a notice to my home town in Haryana not on my foreign address I didn't know about notice so he filed a case of 138 NI Act. I fought for this case till May 2012 case was awarded in my favor and I was acquitted, somewhere in june 2012 I was told by a relative that he has filed an appeal in Session Court Chandigarh District Court but so far no notification to me neither at home address nor at my Foreign address meanwhile at the time of submitting surety bond on acquittal I gave my foreign address.  Professionally my relatives is a Lawyer and his daughter is a CJM in(Haryana) my question what is the remedy of his an appeal filed,  I am yet to receive any notice on Appeal, Pls. advice me where he suppose to serve the notice to me and what happens if he sends notice to my parental address, what happens if I do not receives any Notice of an appeal at my current address which is abroad. I shall look forward to received valued advice and direction, Thank you with Best Regards/ R S TOOR
  Commented by  R S TOOR, Freelancer, Automobile    | 08 18 2012 11:36:37 +0000
Dear Sir's, GOOD DAY I am a citizen of India Residing in Ghana (West Africa) for the last two decades I am having a residential property bearing H/No 5929- Duplex in MHC Manimajra Chandigarh (India)which has been occupied illegally by my close relative so called Saddhu I filed a Civil Suit of Possession in Oct 2006 however after dispute on house is in question my relative has some of my old blank cheques duly signed by me which were given to him to settle bill payment for property rent/ water/ Electricity  etc etc. but after the dispute i saw the danger so i quickly wrote to my bank in Jan. 2005 to stop payment on cheques in his custody duly wrote his name, I did not inform my relative about my action taken. When he received summons on Civil Suit For Possession filed by me in Oct 2006 as a counterblast he filled the body of a cheque with RS/-705,000.00 and presented the cheque in Mar. 2007 cheque was returned with memo STOP PAYMENT then he send a notice to my home town in Haryana not on my foreign address I didn't know about notice so he filed a case of 138 NI Act. I fought for this case till May 2012 case was awarded in my favor and I was acquitted, somewhere in june 2012 I was told by a relative that he has filed an appeal in Session Court Chandigarh District Court but so far no notification to me neither at home address nor at my Foreign address meanwhile at the time of submitting surety bond on acquittal I gave my foreign address.  Professionally my relatives is a Lawyer and his daughter is a CJM in(Haryana) my question what is the remedy of his an appeal filed,  I am yet to receive any notice on Appeal, Pls. advice me where he suppose to serve the notice to me and what happens if he sends notice to my parental address, what happens if I do not receives any Notice of an appeal at my current address which is abroad. I shall look forward to received valued advice and direction, Thank you with Best Regards/ R S TOOR
  Commented by  Naganjaneyulu Vemula, Freelancer, Law    | 07 17 2012 00:59:42 +0000
Point 4 (a) line 4 due to amendments 30 days should be placed instead of 15 days. Please update the subject if and when amendments are introduced.  Please quote case law, if possible.  In case of premature complaint, Sec 138 (c)
and it's effects has to be added to the content with updated case law, if possible.  Work is very good.  I am very much
Impressed by seeing the content on this topic.
  Commented by  Udaym Taker, Freelancer, Automobile    | 06 21 2012 20:35:17 +0000
Hello sir

2 years back i took 1,31,000 rupees from a person who gave the money from his father. At that time i gave one post dated cheque including interest and total amount on cheque is 1,60,000. But on promised date i am unable to arrange the money, the same i said to him and after that i gave in 58,000 rupees in two installments, but without informing me he deposited the cheque of 1,60,000 and it got bounced. He sent me notice from his advocate i consulted my nearest lawyer and he gave reply to that notic mentioning same that i paid 58,000 rupees and i have to pay only 1,12,000 rupees. But i received summons from court. This is illegal na how can he bounce the cheque and file a case on me ? can i have any advantage in this case, i have a receipt from his son that he collected 58,000 from me. my advocate is not usefull in this he is not giving correct advice so please tell me what can i do in this i have to attend to court on 28th of this month so please reply me with ur advice as soon as possible.

Thanking you Sir
  Commented by  raj, MBA/PGDM student, ism pundag    | 04 23 2012 13:03:03 +0000
sir,
my problem is regarding cheque bounce..i gave 1 lac to one of my friend as a friendly loan..in return he gave me post dated cheque to clear his debt...but it got bouced..when i complaint about this he again asked me to deposit but same thing happened...no other option left out i contacted a lawyer..its 10 months but case is still going on..what are the chances to get my money back..
  Commented by  Ankit, Direct Marketing Manager, ASIEC    | 04 04 2012 20:19:45 +0000
sir, what will happen if session court also dismiss appeal and retain conviction of 2 years. Then in how many days convicted person can file bail papers in Highcourt?
  Commented by  Hari Herren, diplmo in hotel management and catering technology student, annai veilankanis.mat.hr.sec    | 03 22 2012 20:06:02 +0000
dear sir,
I was running a private ltd company in chennai, an took a loan in SBI bank against letter of credit,the manager spoke too us nicely and took a cheque from us and bounced and filled a complained against us and the arguments are stiil in process in the court but i am too much afraid of the conceqences wich will occur, the case is really going against us. i need some time to settle out the dues, how can i approach the magistrate and get some time so that i could settle out in EMI.pls revert back through mail harikansas@gmail.com or my mobile:9884475143
  Commented by  Hari Herren, diplmo in hotel management and catering technology student, annai veilankanis.mat.hr.sec    | 03 22 2012 20:05:11 +0000
dear sir,
  Commented by  trilochan singh talwaer, owner, sids car care centre    | 03 11 2012 16:47:32 +0000
Dear sir
 
Read your material in cases of N.I.Act. I have a case like this for which I need your advice and want you to let me knowwhethwr my case is favourable for me---: 
 
I had given some cheques to One money lender in Delhi ,(I m also a resident of Delhi)
.What are the points---:
 
1. All the chheques were of the series starting from Year 2004 till the beginning of 2006.
2. Most of the cheque serial numbers were of the starting of the serial.
3 I signed the cheques and amount also,bur did not fill the dated and names.
4. This man filled his and his partner,s name in 5 cheques and filed cases in delhi.
5. He filled in the name of one of his relatives in Jabalpur,madhya pradesh and one in patiala and other in ludhiana (Both in punjab)
6.The men in patiala and ludhina are denying any relationship with him,but jabalpur case he says That man in delhi is his relative.
7.In delhi court He said that He has his relatives in jabalpur,patiala and ludhiana but he is unaware that they have filed any case agianst us.
8.In jabalpur,the Lower court  set aside our jurisdiction plea,without considering the fact that the complainant said that all the transactions took place in delhi and that my bank(Drawer's) is in delhi, in the earlier stage.I do not even know any of the prsons whether in jabalpur case or patiala or ludhiana case.None of the persons,including the main person in delhi.whom i gave the cheques,possess any kind of documentry proof so as to legally enforce a liability.
8. Despite the above facts the lower court in Jabalpur passed a judgement against me ,conviction of 6 months and payment if 5.5Lacs (chq. amount being Rs.5.0lacs) to complainant.
9. I filed appeal in session court and have been directed to deposit 2.5 lacs within 1 month,agianst which my lawyer has filed an appeal in high court.May be it is reduced by the high court.(Please comment on this point also.)
10.In patiala we have filed an appeal against the jurisdiction of the court and the magistrate has asked us to provide the copies of some recent judgements so as to convince him about this.
 
Please explain in details--:Can I stiil file an appeal in jabalpur high court for want of jurisdiction?And when none of the complainants has any documentry proof,how the court can favour them, because I think, as per law liability of the accused occurs only if the money given by the lender is shown in their books of account.,any unaccounted money cannot be the part of legallly enforceable laibility.All these complainants are saying they had given all the loans in cash,without any documrtary proof.One more thing all the loaned aamount are waying from ane lac to 5 lacs,whereas no one can give a loan amount exceeding Rs.20,000/- in cash.
 
 
 
Please elaborate.
 
Thanks.
 
T. S . TALWAR
9212445225 

  Commented by  Sandeep Kumar, CEO/MD/Director, SOLLICS    | 02 13 2012 10:38:13 +0000
Sir, This is a really very good article you posted.
I am also facing a same cheque bounce case from my Landlord(OLD), where i was a tenant for almost three years and was running my business.
Case Summary:
He was lending me money (verbally, as we both have not a contract for taking and giving money) for an interset of 10 % monthly for my business as i was doing business of computers and software so i was taking amount from him and with interest i was returning him amount(total) to him sometime through cash or sometime deposited in his account also.
One day i had a requirement of 10 Lakh(one month period) to purchase some material and he had given me the amount with an interest of 10 % per month and when i went to his home to return his amount then he said that with a interest of 10 % per day i have to return his amount and he did not taken the amount and from that day forcing me to pay a huge amount and as per his calculation the total amount becomes more than 54 lakhs and that much amount i couldnot pay and from where i will pay so i deposited the amount which i had taken from him in his account directly in Standard Chartered Bank and citibank. Even i paid the interest of 10 % also through cash deposit to his bank account.
After that also he started to torture me and my wife and my brother to return his amount and suddenly one day he threatened my wife so we complained to police for this.
After 10-15 days he suddenly came to my home with some police persons and forcefully taken me and my brother in a false case stating that we used his and his wife credit card (without his knowledge for last four to five months)and drawn a sum of 15 lakhs. (THIS IS HIS FIRST CASE AGAINST US.)
Then somehow we manage to get an Anticipatory bail and then we got the regular bail also in this case, once we get the bail then again he filed a false cheque bounce case against me and my brother. The cheque which he represented in the Bank was signed by me (Not by my brother). Actually some cheques we lost (We think , but actually he has taken from my Office as he was the building owner so he has very easy access to my office in our absence also.)and that missing cheques and some documents complain also we lodged with police even before his first complain against us.
Now cheque bounce case is going on and Honorable Court asked him to file the evidence for that huge amount(54 lakhs -two cheques he represented in bank which got return due to Account close and both cheques are from my Savings bank account.)
So please guide me what to do and what are the chances for us to win the case against my landlord. Even he did not return my office advance also till that and for recovery of that we also filed a rental suit against him but for last six seven months they are not receiving the notices which are sending by honorable court. 
Hope you will guide me on this issue and please send your suggestions to me at raj_pcs@yahoo.com.
  Commented by  Sandeep, BDM, K3 International    | 09 10 2011 10:17:04 +0000
Sir, I have received on date 10/09/2011 “summons to accused person” from finance company under section 138 of the negotiable instrument act 1881 for bouncing the cheque and received never before any notice. According to summon the date of the cheque is 04/06/2011 for 2,23,000/- which is my loan amount and the same was dishonored on 09/06/2011. But I have never given any such dated cheque to them but I have given five blank dated cheque only at the time of loan taking that too in year April 2009.  
Till March 2011 I was paying the installments amt of Rs. 8,749/- every month regularly but in April, May June & July I was not in a position to pay as I lost my job and was jobless for all most four month. In July I got a job and on 12th August 2011, I called up there collection person and paid him two installment in one stroke, and told him that every month he should come and collect the installment. 
Now suddenly I am receiving such summons were in they are asking me to come to Kolkata high court and be present in front of magistrate on 24th Oct 2011 by 10.00 am. I live in Pune and now I am worried that in spite of being faithful on repaying the loan which I have availed they are unnecessary filling case against me. 
I request you please guide me in this matter and advice me what should I do. Please email me your advice on venkprog@gmail.com
  Commented by  Priyabrat Prasad, Member, retired    | 08 28 2011 18:08:58 +0000
Sir,
Recently I have received a summon under u/s N.I act 138 for bouncing of check from a finance company.According to the summon the date of cheque issued and the amount, all are false.I have not given any cheque on that date of that amount.I have given some blank cheques only at the time of loan of taking the loan.So, they have filed a false case against me.sir i request you to kindly help me regarding this matter.Plz tell me what should i do to to win the case.
Plz send ur reply  at krazzyguy62@rocketmail.com
  Commented by  Srinivas suravajhala, Secretary to the high ranking police officer, Law Enforcing Agency    | 06 25 2011 06:45:33 +0000
Very good information in deed.  Will be thankful if you could inform the law provisions about rights of guarantor.  Chit companies pick the guarantor leaving the defaulter borrower.  Most of the times defaulter is being spared by the courts and squeezing the guarantor.  It will be useful for every citizen.  Please inform.
  Commented by  ravi, Camera Man/Technician, mmjc    | 06 25 2011 05:56:27 +0000
Sir, I am in middle of divovrce case against my wife.But now she had filed a cheque bounce case against with the help of her friend on her friends name. since i was in travelling job therefor i used to keep one singed blank at home for any emergency need, which see took when leaving my house and she is now using that checque against me she has filled an amount of 3 laks in the cheque on her friends name which got dishonoured by bank and her friend field a complaint against me for cheque dishonour case. now what can i do please help me I will be very thank full to you.
  Commented by  ravi, Camera Man/Technician, mmjc    | 06 25 2011 05:55:18 +0000
Sir, I am in middle of divovrce case against my wife.But now she had filed a cheque bounce case against with the help of her friend on her friends name. since i was in travelling job therefor i used to keep one singed blank at home for any emergency need, which see took when leaving my house and she is now using that checque against me she has filled an amount of 3 laks in the cheque on her friends name which got dishonoured by bank and her friend field a complaint against me for cheque dishonour case. now what can i do please help me I will be very thank full to you.
  Commented by  ravi, Camera Man/Technician, mmjc    | 06 25 2011 05:54:36 +0000
Sir, I am in middle of divovrce case against my wife.But now she had filed a cheque bounce case against with the help of her friend on her friends name. since i was in travelling job therefor i used to keep one singed blank at home for any emergency need, which see took when leaving my house and she is now using that checque against me she has filled an amount of 3 laks in the cheque on her friends name which got dishonoured by bank and her friend field a complaint against me for cheque dishonour case. now what can i do please help me I will be very thank full to you.
  Commented by  ravi, Camera Man/Technician, mmjc    | 06 25 2011 05:53:20 +0000
Sir, I am in middle of divovrce case against my wife.But now she had filed a cheque bounce case against with the help of her friend on her friends name. since i was in travelling job therefor i used to keep one singed blank at home for any emergency need, which see took when leaving my house and she is now using that checque against me she has filled an amount of 3 laks in the cheque on her friends name which got dishonoured by bank and her friend field a complaint against me for cheque dishonour case. now what can i do please help me I will be very thank full to you.
  Commented by  neelkant bajpai, CTO/CIO, UCO Bank    | 05 01 2011 15:30:53 +0000
I have issued one personal cheque to a person to include his name as director of the company, in which my wife was m.d., because company has settled rs.6 lac as his share in the company as a director, but i have gone to collect the amount on behalf of the company by having power of attorney to collect the amount not to issue the chq. but in good faith i have issued the cheque for his satisfaction and after the name was included as director in the company, instead of returning the chq he has presented to bank for bouncing purpose to blackmail us. what to do.
  Commented by  Akram Ansari, M.D, businessman    | 03 30 2011 18:27:22 +0000
person has given me a check and check has been dishounered. First he written down in check self and then he cut self and written my name A/C pay. He also made a signature on it. Now he applied to court that i my self cut the Self and put Name. Please advise. Court will give the judgment in my favour. Because i have the Bank Memo, which is written no balance. 
  Commented by  gaurav, employe, light house    | 03 12 2011 13:20:11 +0000
dear sir, plz. tell me my father has a friend the friend has a real estate company, the friend made my father,one of the director of his company with playing of my fathers innocence.now the friend got a 138 N.I.Act case with his company, the apposite party sent a warrant to my father to appear in Court but we did not received any summons previous, we are going to appear on date of case,but what to do to convince the court that we are innocent in the same please help us. i am from indore m.p. 09826013943 or give me your cell no. thanking you.         
  Commented by  Bustard Kavitha Varma, Lawyer/Attorney, Independent    | 11 16 2010 13:35:36 +0000
Sir, really this is a very useful material for even a layman.I am an advocate and recently have taken up 138 N.I.Act case and I am for accused.It is a big story and I cant write it here.If u provide me with your mobile No.I ll explain you and will be able to know some points in getting acquittal to my client.My No is :09963337949.I am from Hyderabad.
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