Legal Question in Consumer Law in India

Section 138 when Consumer Case is Pending

I subscribed to Times Jobs the 3

year subscription was rs. 2 Lakhs,

post dated cheques were issued

due to economic slow down

placemen business was closed,

party was repeatedly informed to

return the pending 18 cheques

case in consumer forum applied by

me to ask party to return my

cheques party was informed in

advance that i have asked my bank

to stop payment consumer forum

case is pending do I run the risk of

138 NI can deficincy of service or

closure of a business activity be

reason for stop payment when a

service has been stopped by the

service provider


Asked on 3/28/09, 4:13 pm

4 Answers from Attorneys
G. M. Gupta gmguptaandassociates

Re: Section 138 when Consumer Case is Pending

if the amount is DUE to the person to whom you issued the cheques then he can deposit the cheques and you will be liable to make the payment. in case the cheques bounce then you can be prosecuted in NIA.

otherwise you can say that cheques were not due to him so you are not liable to make payment.

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Answered on 3/29/09, 8:25 am
Amit Shukla AS and Associates Legal Services

Re: Section 138 when Consumer Case is Pending

Please contact personally.

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Answered on 3/29/09, 12:31 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Section 138 when Consumer Case is Pending

Please clarify your facts.

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Answered on 4/02/09, 6:56 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Section 138 when Consumer Case is Pending

Please re-state your facts clearly in a chronological order. You may also want to clearly mention about the status of case pending in Consumer Forum.

It may be better to seek advice from your lawyer who may be conducting your case in consumer Forum since he may have a more clear picture of all your facts.

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Answered on 3/28/09, 5:46 pm


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