Legal Question in Criminal Law in India

138 Negotiable Instrument Act
- in 2003 I had an unregistered contract with an unregistered contractor for Rs.1.30 Lacs. The amount was negotiated & fixed at Rs.1.00 Lac before start my flat's inside furniture work.
- The contractor worked more or less half of the contract.
- I have given him Rs.60000 & two Post dated cheque each Rs.20000 to complete the job with proper receipt.
- After getting the two post dated cheque he left the job as incomplete & not traceable.
- I had issued letter to his address but it returned to me with Postal remark 'refused'.
- I had mentioned in the above letter the detailed of incomplete work and asked to return the cheques as there is no debt/liability and going to stop the payment.
-I had stopped payment due to sufficient of fund in my account.
- contractor sent legal notice. I replied.
- Contractor filed two separate complaints against two post dated cheque under 138 NIAct at appropriate time highlighting job was done but payment not made.
- Court issued me summan.
- Now case will start.
Please advise.

Asked on 7/23/08, 7:21 am

Aniruddha Pawse Aniruddha.P.Pawse Advocates

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Re: 138 Negotiable Instrument Act

Kindly Contact a local advocate with details

Answered on 7/23/08, 8:32 am

Shrichand Nahar S.V.Nahar, Advocate

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Re: 138 Negotiable Instrument Act

Proceed with case and prove that there was no legal debt or liability.

Answered on 7/24/08, 2:09 am

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