Legal Question in Criminal Law in India

cheque dishonour case

sir i issued ch. for 3.06lac against order.idid not received goods & party put ch. into bank. ch dishonoured for insufficient fund.earlier i issued party a letter thru courier not to produce ch inti bank bcz ammount filled in ch. is not correct.but courier returned me the letter with remark''party refused to receive letter''.now party filled a complaint u/s 138 niact.nbw was issued and i compelled to pay ch ammout to get bail.at present i am on bail and party threatens me to pay more 1-2 lacs to withdraw case. he says if not paid, penalty worth ch ammout along with jail for two years will be imposed as sc directions.sir i have read that 138ni act is attract only in case ch. is issued aginst old debt or any legal balance due to pay.he has also imposed section 420 along with 138ni act and has claimed that he has given me 5.20lacs as i have promised him to inlude him as partner in my business( totally false).he has written in his complaint that i have given him the ch. as part payment but he can never produce any legal document to support his claims bcz this is not fact .sir i did not received goods and on other hand forced to give the ch.ammout . and further going to be threatend to pay more and a jail too. pls guide me sincerily


Asked on 7/11/08, 7:58 am

3 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: cheque dishonour case

I think you have not defended the case properly by proving your contentions.

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Answered on 7/14/08, 12:10 am
Sumit Mehta S 'n' S Law Offices

Re: cheque dishonour case

Sir,

A fraud is being Played against you.

You need not worry about paying high damages.

Rather we can go strong against them for filing a fraudulent complaint.

Further, as rightly mentioned by you 138 is applicable in case of debt and debt only.

As per your statements we can clearly say with a beleif that if your case is handeled by a good attorney then you can easily escape from this with damages what you incurred.

Kindly Contact us for further talks on the matter.

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Answered on 7/12/08, 1:49 am
Shrichand Nahar S.V.Nahar, Advocate

Re: cheque dishonour case

You can prove your contentions during the trial and get an order of acquittal.

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Answered on 7/12/08, 1:58 am


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