Legal Question in Criminal Law in India

one party is claim act 138 on me.

The actual situation is that i were worked with one stock market brokerage house, and one party is make 250000 Rs. loss on my advice where i am not having any partnership with him, i am only his relationship manager where i am giving only the advice that how market is seem during that my client is making 250000 rs. loss, it is a small city and he has business & big group circle in that city. The client is told me that if u give me blank cheque than i will deposit more 10,00,000 Rs. with your company for covering loss, however i m afraid with client & for sustain my job & client in that city i am giving him cheque, but he is not deposit the more amount & not return me my cheque, due to that i am make stop payment of that cheque, but the bank executive told me to make stop payment on phone banking so i am making stop payment over phone with the reason that my cheque is misplaced. after the 40-45 days of the stop payment client is send the cheque for clearing in bank & it return with reason of stop payment. Client is send me the legal notice with the reason that i am his friend from so many years, he is giving me 500000 Rs. for my business purpose, and i m not returning his borrowed amount, when i am in that city from only 7-8 months, & i m know him from only last 4months. i am going in bank for give me letter that i am making stop payment earlier, bank is giving me letter but in the letter they are not mentioned the reason that why i m making stop payment. So i have only evidence that i am making stop payment before some time, i am replying his notice answer that my cheque is misplaced & u r making misuse of my cheque. Now he is submit his case in court. Now how i will defence my case.


Asked on 2/06/10, 11:54 pm

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

even though the cheque is stopped for payment, the offence is made out. as there is no written contract, it may be of advantage to you. you need to send details of your notice.

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Answered on 2/07/10, 5:07 am


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