Legal Question in Criminal Law in India

I am being summoned by my supplier under Sec 138. I was there dealer who used to buy and sell the goods to the end customers with our resoucres. One of their manager with his vested interest started to divert the orders from our customer to other dealer. Having known this we issued a stop payment advice to our banker and requested them to address the problem. Now that the manager is no more with the supplier but they issued a summon to me under Sec138.

What should I do?

I am confused and worried. Pls. guide me accordingly and I am even willing to pay them in order to have smooth sailing.


Asked on 9/03/09, 11:32 am

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you need not be worried as it is a bailable offence and you will get the bail as of right. in case you have stopped the payment due to cogent reasons, you need to pay the money. you can prove to the court that you are not liable to pay. you just need to hire a competent lawyer. where is the case pending.

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Answered on 9/03/09, 11:42 am
KAMAL GROVER

If you stop the payment but payment was there then you can quash trhese proceedings. plz mention your location.

[email protected]

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Answered on 9/03/09, 1:50 pm
Shrichand Nahar S.V.Nahar, Advocate

As per recent ruling of the supreme court, provisions of 138 NI are applicable for insufficient funds. If you had sufficient funds in your bank when cheque came to be present, you have good case on merits.

Option of settlement or compromise is always available in cases under 138 NI.

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Answered on 9/08/09, 3:59 am


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