138 NI 420 IPC Judgement copy required

Querist : Anonymous (Querist) 27 March 2011 This query is : Resolved
Is there any Judgement copy available whose check was stolen and the person get relief from 138 NI 420 IPC from court.

because I am not one person in the country who is cheat by such kind of person,
India is country where this kind of cases happen often.

that some body stolen the check and make an 138 NI with 420 IPC.

Today Making any one bad is show easy but making a man good is very difficult.

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Guest (Expert) 27 March 2011
Any previous judgment can help you only when you would be able to prove that your cheque was actually stolen. Even if you had already lodged an FIR about your stolen cheque that can help you. In that case even any previous judgment copy may not be needed in your case. Better try to find solution to prove the theft instead of a judgment copy. Law wants proof only, not mere precedent.

Ghanshyam Mishra (Expert) 27 March 2011
It is not possible to have two cases on same facts;especially in criminal law.Cardinal principle in 138 NI ACT CASES is t hat if a case is brought on the bases of a cheque, it will be presumed that it was duly issued and drawee holds it lawfully and drawer owes a liability.The darwer will have to prove by his defense (by leading evidence)that it was not issued .Defense on the premise of lost cheque is a very weak one and in order to succeed in the same lot of things required and one of those things is truthfulness of defense version.Ghanshyam Mishra 9899794006

Devajyoti Barman (Expert) 27 March 2011
The decisions re given in peculiar facts of each case.So unless you give the facts of your case it may not be possible to cite such precedent.

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