the judiciary system the judiciary system

3 weeks ago

this question to all senior advocates
138ni act this act only favor complaint
for example.
if a innocent person (or) daily worker(or)small business man take 50 thousand loan from moneylender for bussiness purpose a innocent person issued a blank signed cheque and pronote after money recover by cash because (small amount) then cunning money lender fills pronote and cheque present bank cheque dishonor 50lakhs.money lender sents legal notice the innocent person reply iam not taking 50lakhs iam taking 50thousand the court issued summons to innocent accused start trail the money lender and witness tells he takes the money .
then innocent accused tells sir iam not taking 50lakhs iam taking 50thousand and i retuned money its a fraud case the innocent accused doesn't have evidence to rebut.if innocent tells court how he gives 50lakhs in cash its violate 269ssit act
the court says its. it department problem not related to this case 138 ni act attract.
then judgment passed favor of money lender the innocent accused has topay 50lakhs not paying 2years imprisonment after attached all properties in his name in civil suit.if accused not has any properties the innocent accused goes jail.
[the innocent accused family in platform]
my question is
1.how innocent live in india
2.why parliament can't ammend if money lent only bank transfer if cash transaction made doesn't attract 138ni act and not enforcible debt
3.please tell me how innocent live in section
4.how cani complaint to judiciary to this section (as a indian i have a right (0r)not
5.how so called fundamental rights protect innocents.
6. only innocents has option to leave citizenship how laws protect .
please tell me sir

Anik

Responded 1 week ago

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A.Dear Client,

1. Living in India as an innocent accused facing such legal challenges can be extremely challenging, especially if the
judgment results in imprisonment or financial penalties. It may require seeking support from family, friends, or community resources to navigate through such difficult circumstances.
2. The issue of amending laws to address concerns related to cash transactions and their implications under Section 138 of the Negotiable Instruments Act is a matter for policymakers and lawmakers to consider. Advocacy efforts and engagement with relevant authorities may be necessary to raise awareness and push for legislative changes.
3. Individuals facing such legal challenges may explore legal remedies available to them, such as seeking review or appeal of the judgment, or exploring options for settlement with the creditor. Seeking legal advice from experienced lawyers specializing in such matters can be beneficial in understanding available options and navigating the legal process.
4. As an Indian citizen, you have the right to approach the judiciary with your concerns and grievances. You may seek legal advice to understand the most appropriate legal recourse available to address your specific situation.
5. Fundamental rights, enshrined in the Constitution of India, aim to protect the rights and liberties of individuals, including the right to a fair trial and due process of law. Legal advocacy and engagement with relevant authorities can help ensure that these rights are upheld and protected.
6. Leaving citizenship is a significant decision that individuals may consider if they feel their rights and liberties are not adequately protected under the existing legal framework. However, it is essential to explore all available legal remedies and options before considering such a drastic step.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 weeks ago

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A.Dear Client,
It may please be noted that you have already responded to almost the same query twice in the portal earlier once on 06/04/2024 and again on 08/04/2024.

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Vidhi Samaadhaan Vidhi Samaadhaan

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