Section 138 of negotiable instrument act 1881 as ammended sec 420

She was my gf she needed money but I already hv taken loan from banks so I had no money. One day I was doing some paperwork for loan n my bank papers were on the bed she came home when she went I noticed that my one cheque is disappeared becoz I don't do transaction from check ofen so I knew I asked her she denied so I called bank n said if anyone comes just stop the check now she sent me notice that I took loan rs 45000 from her one month ago n I gave her check n just like that act 138 she has only one proof cheque I hv no proof except truth how to prove it . I hv hired a lawyer but I m very worried plz help me.

Answers (2)

186 votes

In reply to the legal notice you should state these facts. That since there was no legal debt and liablity so you can escape from conviction by easy way. For prosecution comlainant has to show the liablity legally discharged by u.

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245 votes

Ist of all I may ask you to stop worrying as you have truth on your side. Moreover you GF will have to prove and show income of Rs 45K and the proof of her making payment to you and the purpose for the loan if not that than the source of income and debit of Rs45k. Tell me where are you located.

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