Advocate Jaswanth Reddy

Questions Answered by Advocate Jaswanth Reddy (25+ answers)

Q: This a brief information, Need a guidance how to handle this issue

My CA Friend had told me he would help improve my turnover, so he had asked me to prepare a bill for 500000/- Plus GST of Rs.90000/-. Accordingly he had given a cheque for Rs.540000/- balance 50000/- I had to bear. And asked me to return the money by cash.I had returned him Rs.380000/- Plus 1,00,000 he is demanding another 3 lakhs stating interest and loss of client because I didn’t return the money in time. 1 year

Advocate Jaswanth Reddy answered
Once a bill has been duly issued, there arises no legitimate ground for demanding cash by buyer without raising credit note, particularly when the sale consideration has already been acknowledged through Cheque and Bills. If the transaction pertains to billtrading or discounting without actual underlying goods or services, then it is classified as a high-risk financial arrangement that may attract scrutiny under various regulatory and taxation laws, including provisions of the Income Tax Act, GST laws, or even the Prevention of Money Laundering Act if found to be dubious in nature.Engaging in such practices without adequate legal safeguards can expose individuals or entities to significant financial and legal consequences, including penalties, audits, and even prosecution. However, there are lawful remedies and compliance strategies that can be employed to mitigate these risks.If you find yourself in such a situation or foresee potential legal exposure, it is imperative to seek timely legal advice. Contact me for a comprehensive legal assessment and strategic support—I can help you navigate the complexities and safeguard your interests effectively.Reach out to Advocate M.S. Jaswanth at Phone: Seven Two Five Nine Five Zero Nine Six Five Seven.

Q: Bounced cheque for greater amount

Borrowed 100000, paid interest, few months didnot, arranged principle, but he refused to take, presnted the cheque for 500000, got dishonoured, case filed under NIA,, Cheque amount not true, how to prove myself as major judgements are in favour of complainant

Advocate Jaswanth Reddy answered
If a cheque was issued for a specific principal amount, but the complainant has filed a case under Section 138 of the Negotiable Instruments Act, 1881 and is claiming a sum that is five times higher—ostensibly due to alleged non-payment of interest or other unjustified additions—it may be considered excessive, untenable, and legally unsustainable.In such cases, courts have often held that Section 138 NI Act is a penal provision meant to uphold the credibility of commercial transactions and ensure that cheques are honored. However, the liability must be legally enforceable and directly attributable to the cheque amount. Courts have consistently ruled that inflated or arbitrary demands beyond the cheque amount, without a valid legal basis or contractual agreement, cannot form the foundation for a conviction or recovery.If the accused can demonstrate that the cheque was issued solely for a specific amount, and there exists no agreement or legal instrument validating the exaggerated claim (such as an enforceable interest clause), then courts may take a favorable view for the accused. In fact, higher courts have quashed or modified such cases where the demand was deemed disproportionate or abusive of the legal process.A favorable judgment can be secured by arguing that:The legally enforceable debt is limited to the actual cheque amount.There is no contractual basis or promissory note substantiating additional interest.The complainant is indulging in unjust enrichment or malicious prosecution.For expert legal strategy and representation to secure relief or dismissal in such cases, contact Advocate M.S. Jaswanth at Phone: Seven Two Five Nine Five Zero Nine Six Five Seven.

Q: I did not get anticipatory bail from the Sessions Court, Kolar. I have

I was posted as Senior Manager in Canara Bank in Madderi, Kolar. During my tenure, a daily wage customer working in the branch was duped of his deposit amount and gold packet. FIR no 54/2025 was registered in Vemal police station and the case was sent to CID. Investigation is going on. Bail has been rejected by Kolar court. I have to apply for anticipatory bail. Please give correct advice and guidance for bail application.

Advocate Jaswanth Reddy answered
If an application for bail has been rejected by a lower court, the accused or their legal counsel has the right to challenge the said order by preferring an appeal or revision before a higher court, such as the Sessions Court or the High Court, as per the procedural framework established under the Code of Criminal Procedure, 1973. The remedy lies in filing a criminal miscellaneous petition or bail application before the appellate or revisional authority, contending that the impugned order suffers from legal infirmities or has been passed without due consideration of the facts and circumstances of the case.The appellate court, upon perusal of the record, hearing both parties, and evaluating the merits of the case, may exercise its judicial discretion to grant regular bail or interim bail to the accused, ensuring their appearance during the pendency of trial or appeal. It is essential to demonstrate that there exists no likelihood of the accused tampering with evidence, fleeing from justice, or influencing witnesses.Legal representation by a competent advocate can significantly strengthen the bail plea through proper articulation of constitutional safeguards under Article 21 (right to life and personal liberty) and relevant judicial precedents.For professional legal assistance and strategic representation in bail matters, you may contact Advocate M.S. Jaswanth at Phone: Seven Two Five Nine Five Zero Nine Six Five Seven.

Q: Not able to proceed beyond Summons for cheque bounce Sec 138c NI Act.

Hi Legal experts.Greetings!, 1.Cheque Amount: ₹1.5 Lakhs2.Legal Notice: Sent and not responded to by the accused.3.Case Registered: Under Section 138 NI Act.4.Summons Not Served: Since December 2024, the accused has evaded service of summons.5.Stuck at Summons Stage: The case has not progressed beyond this point.6.Advise needed: Lawyer unable to move further due to lack of understanding. Also, court stated that the court fees is not yet paid even !Requesting legal experts to advise.

Advocate Jaswanth Reddy answered
With reference to your enquiry regarding further execution steps in a cheque bounce matter where the accused is evading service of notice and summons, please note that the next legal steps involve specific procedural compliance under the Code of Criminal Procedure.As the matter involves potential substituted service, proclamation proceedings, and attachment of property, I would need to understand the facts in detail to guide you correctly.You are kindly advised to contact me directly for a more thorough discussion and appropriate legal assistance tailored to your case.M S Jaswanth Advocate Phno: Seven Two Five Nine Five Zero Nine Six Five Seven office: Basavanagudi Bangalore