Legal Question in Criminal Law in India

Re: u/s 138 of negotiable instrument act

Dear Friend,

As per the information provided it appears that you have few cases under section 138 of the Negotiable Instrument Act pending against you, which are at the stage of evidence. The presumption of bonafides in such cases is in favour of the holder of the cheques/negotiable instrument. This implies that, in layman�s term, anyone who is holding the said cheques, law presumes that he is holding such cheques in discharge of some valid and legal debt. Now this legal and valid debt is the real question, which appears from your information. Kindly examine the Bank officials very carefully, as we presume that you are participating in the proceedings.

Now as you have pointed out your communication with the Bank, here the question arises whether it was communicated before or after the cheques were presented. Further, it is also important to know the amount deducted from your account is for stopped payment of charges for cheque return/insuffieciency of fund.

Kindly provide detailed information, so that better inputs can be given to you. We can be contacted at [email protected], [email protected] or at numbers +91 11 51539493/+91 9818441775.

Regards,

Kumar Manish,

Advocate

Kalp, Advocates & Consultants

Re: u/s 138 of negotiable instrument act

It is a matter of great concern that even though you reported the matter to the bank, still it continued to deal with the cheques even though it had charged you for the same. Since the legal proceedings have already commenced, the only opion left with you is to contest the same. You can prove your version by examining the bank officials and substantiate your version by proving your version. On the other hand you can sue the bank for entertaining the cheques for which you had reported loss and it had charged you.

For further clarification you may contact me on my email address- [email protected] or mobile number 9811062868. Regards, D.M. Bhalla, Advocate.