DISHONOUR OF CHEQUES AND CRIMINAL CASE N.I.ACT.SEC.138

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

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.

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..

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

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

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

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

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.

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

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..

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?

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

dear sir,

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 

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.

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

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

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.

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.

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.

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.

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.

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.

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. 

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.         

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.