Yes you can do all of the above. There is no risk as stated above 

You should state that money was transferred to Abdul Mohsin account as per written instructions of Mr Iqbal 

2) state the complete facts of case in your complaint 

3) he may contest the affidavit it 

4) mention confirmation received by what’s app 

5) get complaint drafted by good lawyer 

You have a good case.

Please talk to your advocate to place effectively these evidences.

The trial has many nuances and steps. From few lines of your query it is not possible for us to guide you properly.

In 138 NI Act proceeding the reliefs are mandated by law . Therefore, you can noit claim anything more than what has been prescribed udner the Act. 

Sir, apart from Sec. 138 NI Act, you need to initiate a civil suit, wherein you must invoke the provision of garnishee under Order XXI Rule 46, CPC. This way, you may bring forth the actual facts before the Hon'ble Court and possibly get a decree in your favour.

Good luck!

1. You can state the facts of all transactions and file the case accordingly against the borrower.

2. If the cheque bounce is not barred by limitation you can proceed with the cheque bounce case itself.

3. You may concentrate on the case for recovery of your money first.

4. If you have produced the original then his challenge can be nullified.

1. its always better to state the actual facts. So please say that money was transferred to Mohsin's account on Iqbal's instructions

2. issue a statutory demand notice and if money if not paid then file a 138 complaint. There is no 'best' approach as such. You just have to explore your statutory remedy.

3. yes

4. if and when he contests, that time you think. The accused can do all possible things to plead 'not guilty'. So anything can be thrown at you and you have to be prepared for it

5. as stated in 2

Dear Client,

In the first instance, it must be proved that there is a chain of events that warrants the conclusion that Mr. Iqbal was issued a loan. Stress the fact that the amount of ₹ 4, 95, 500 was transferred to the account of Abdul Mohsin’s on the specific instructions of Mr. Iqbal and Abdul Mohsin handed over the said amount to Mr. Iqbal After Abdul Mohsin had executed the said instructions. This can be substantiated by the affidavit of Abdul Mohsin and by the statements of the relevant accounts. Parallely, he was given a cash payment of 1,49,500 on that same day. In this manner, explain all authorities that Mr. Iqbal has at his disposal including but not limited to the bank statements, the affidavit, and all communication with Mr. Iqbal.

For one to make a case under Section 138 of the Negotiable Instruments Act of 1881, copies of all the dishonored cheques together with their bank return memos must form part of the documents presented. A notice of intention to sue be served to Mr. Iqbal within thirty days from the date of receiving a return cheque memo and the notice should require Mr. Iqbal to make payment within fifteen days of the notice. Such notice being received by the addressee will be evidenced by documentation. Such enablement may also be undertaken if clarification Ans. 3 is not responded to in pretty much the same manner as explained in clause note 5.

Retrieve all the WhatsApp chats, audio recordings and the bank statements regarding the exchanges where Mr Iqbal admits that he owes accumulation and guarantees to remit deposition.

As for the lack of punishment in regards to the violation of section 138, it is not the case that it bears severe consequences.

Hope you find this answer helpful in resolving the issue.

Following is the procedure …

1. Present the cheques to bank and get bounced.
2. Collect cheque bounce intimation from bank.
3. Issue a lawyer's notice seeking payment of cheque amount within fifteen days.
4. After lapse of fifteen file a cheque bounce case Secundrabad Criminal Court or Namplly Criminal Court depending on location of bank or her residence.
5. You will get faster result.

1. Presenting Transaction Details in Court:

• Emphasize that the entire loan of ₹6,45,000 was extended to Mr. Iqbal, substantiated by:

  • Bank transfers to Abdul Mohsin based on Mr. Iqbal's instructions.
  • Cash payment of ₹1,49,500 directly to Mr. Iqbal.

• Highlight that the money transferred to Abdul Mohsin was a conduit, supported by the legal affidavit and WhatsApp messages confirming the arrangement.

2. Strengthening Case Under Section 138:

• Ensure proper filing:

  • Issue a statutory notice to Mr. Iqbal within 30 days of cheque dishonor.
  • Mention repayment demands for the dishonored cheques in the notice.
  • File the complaint in the appropriate court within 45 days after receiving no response or non-payment.

• Attach evidence such as bank statements, dishonored cheque memos, and WhatsApp messages to prove the debt and liability.

3. Compensation for Harassment:

• Include a claim for interest and legal costs in the Section 138 case.
• File a civil recovery suit alongside the cheque bounce case to seek additional compensation for harassment and inconvenience.

4. Risk of Iqbal Contesting the Affidavit:

• Mitigation:

  • Cross-examine Abdul Mohsin during the trial to validate the affidavit.
  • Use supporting evidence like WhatsApp messages and audio recordings to corroborate your claims.

5. Action Plan:

• Serve a statutory notice immediately if not already done.
• File a Section 138 case and a civil recovery suit simultaneously.
• Engage a lawyer specializing in cheque bounce cases to ensure proper procedure and evidence submission.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

1. If there is no proof of instructions to pay Abdul Mohsin on behalf of Iqbal , then You should adopt the third option 

2. You should mention that the said amount was given to the Iqbal as friendly loan due to his problems. 

- Further, as the said cheque is given by the Iqbal and the cheque dishonor ground is insufficient of amount in the account , then you have good case

3.Under 138 of N I  Act , you can ask for the cheque amount only with the simple interest. 

4. If Mohisn is ready to give affidavit that he got amount for the transfer that amount to Iqbal , then it can be a good ground