cheque lost cases
sumit
(Querist) 31 July 2015
This query is : Resolved
Dear sirs
Actually my manager has cheated us and theft several cheques and also issued cheque book from bank by forging my sign. We have filed a case against him in various sec.theft, misappropriation of property, criminal breach of trust, 420 but we mentioned that hehas forged my sign in all docs is cheques included in all docs. Or guide me some other way inorder to being safe from the missing cheques and misuse in future
sumit
(Querist) 31 July 2015
Is it correct to lodge fir for theft in house and include cheques in theft goods and inform bank with copy of fir, and ask him not to clear ant cheques with the mentioned no. As these cheques are theft from my house. Is it possible for declare the cheques invalid by this means
Guest
(Expert) 31 July 2015
What is the opinion of your lawyer with reference to the case you have filed against your manager?
sumit
(Querist) 31 July 2015
Sir
He is saying that while giving ur sentence to police u disclose that what what documents are missing and include cheques in that sentence, but this process will take time as there is a combined fir against 5 persons, manager and four others who are demanding money from us so police is saying only after settlement from four other persons police will file chargesheet and mention the things there. As this matter is getting old and chances of cheque being bounced is more my lawyer is saying to file a report of theft in my residential city( as shop is in jhansi. Residence in lalitpur u.p) and include cheques there.
Is it the right move to file a theft report and nention cheques along with other things. Am I safe from cheque being bounced by doing this
Plz advice.
M/s. Y-not legal services
(Expert) 31 July 2015
Already if you had appointed any advocate mean just act upon his words.
In addition you may inform to your bank and give memo
as STOP PAYMENT. And may publish a caution notice through daily news paper regard the stolen cheques..
Sudhir Kumar, Advocate
(Expert) 01 August 2015
you appear to have taken appropriate action and have already appointed good lawyer.
Rajendra K Goyal
(Expert) 01 August 2015
Act upon the advise of your lawyer.
Inform the Bank regarding loss / theft of cheques. You can stop operation of the account / close the account.
May give news paper ad regarding theft / loss of cheque leaves and ask to return / destroy if any body is having the cheques.
sumit
(Querist) 01 August 2015
Thanks rajendra sir, and all for giving advice, but one thing i want to ask that if i lodge a report of cheque lost instead of theft, and inform bank with report copy, and give paper ad regarding the same as advice by rajendra sir, can i be safe from ni act ( bounce of cheque) in future. Can bank stop the payment by marking label as lost cheques and return cheque without bouncing, or is it necessary to lodge theft report for cheques. My lawyer is advicing me to lodge just gde entry about loss of cheques and inform bank, but i want expert advice so that i can give some other options to him and discuss with him
DEFENSE ADVOCATE.-firmaction@g
(Expert) 01 August 2015
Your story has lack of substance and SUPREME COURT in similar cases has rejected to believe and given conviction.
There are simple reasons.
1) why you kept signed cheques because you say only cheque book got issued by forged sign.
2) Unless bearer cheque and money is withdrawn than it is forgery cheating all that but if the cheque has been put in any account than the other person must have some facts and situations against you.
3) So unless you prove that there was no legal liability in favor of the PAYEE of the cheque all your stories does not inspire confidence.
sumit
(Querist) 01 August 2015
Sir,
In your opinion what are the possible ways to get rid of this issue, as about 75 cheques are missing, of which last 2 chequebook of 50 leaf was issued by him and used in banking transaction, so we cannot refuse to accept these chq books and file a case against bank, so there is no other option other than to accept these cgq books, so plz suggest me the best way to be safe from these missing chqs, is there any other way to block these cheques from bouncing as stop payment is also a kind of offence, we had stopped payment in all the chqs but bank is saying that provide a police report about chqs then only bank will do something in declaring these chqs invalid. Plz suggest what i will do inorder to get rid of these chqs liability.
sumit
(Querist) 01 August 2015
Sir,
In your opinion what are the possible ways to get rid of this issue, as about 75 cheques are missing, of which last 2 chequebook of 50 leaf was issued by him and used in banking transaction, so we cannot refuse to accept these chq books and file a case against bank, so there is no other option other than to accept these cgq books, so plz suggest me the best way to be safe from these missing chqs, is there any other way to block these cheques from bouncing as stop payment is also a kind of offence, we had stopped payment in all the chqs but bank is saying that provide a police report about chqs then only bank will do something in declaring these chqs invalid. Plz suggest what i will do inorder to get rid of these chqs liability.
sumit
(Querist) 03 August 2015
Dear sirs
Plz advice
sumit
(Querist) 09 August 2015
Sir plz help me
