Amount differs and words different on a cheque
pushpakrishna
(Querist) 12 June 2013
This query is : Resolved
Dear Experts,
A person stolen my signed cheque from my house who is my relative and presented the Cheque in his bank account and amount has been transferred in to his account from my account immediately the bank officials re-transferred the amount to my account as the amount mentioned as 6,90,000/- and in words the person mentioned as SIX LAKHS NINETEEN THOUSAND hurriedly. now the person filed a case u/s 138&142 of N.I.Act.Is it tenable in the court of law.of course i too filed a cheating case aganist the person u/s 378 &420 of IPC before filing by him.Is it better to file QUASH petition before high court.kindly advice.
Raj Kumar Makkad
(Expert) 12 June 2013
Had you lodged FIR against your relative and whether the sections of theft were inserted therein or not?
pushpakrishna
(Querist) 13 June 2013
dear experts,
Yes, i have lodged FIR where in Theft U/s 378,and Cheating u/s 420 mentioned as i enclosed the notices along with complaint.But police did not taking any action against the Accused as he is an influential in the society IN ALL THE MATTERS.Hence i request you all what to do under these circumstances.CAN I FILE QUASH PETITION before the HIGH COURT .Whether the case filed u/s138of N.I.Act on the basis amount mentioned amount differs and words defers on the Cheque TENABLE?
Anirudh
(Expert) 13 June 2013
Did your relative give any notice to you before filing the case u/s. 138 N.I.
Did you reply to the notice?
What was the stand taken by you in your reply to the notice?
pushpakrishna
(Querist) 13 June 2013
Dear Experts,
yes he given notice u/s 138(b) for which i have give reply denying the claim and stating that cheque is stolen from my house and i am already given a police complaint against you and FIR also Issued u/s 378 &420 of IPC .and after issuing the FIR he issued the notice u/s 138 of N.I Act to avoid prosecution in the above case.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 June 2013
First of all the holder of the cheque has to claim legal liability which he should have done in the notice.
What is your defense against this claim.
If not than it is not easy to prove that cheque was stolen since no of questions and circumstances have to be satisfied.
pushpakrishna
(Querist) 13 June 2013
Dear experts,
my question is Whether amount different on the cheque and words different on the cheque that is to say amount in figures 6,90,000/- and in words six lakhs nineteen thousand comes under section 138 of N.I.Act?if the bank returned the cheque on the ground.
sufficient balance is there in the account,but bank officials retransmitted the amount due to the above reason
Anirudh
(Expert) 13 June 2013
You are correct that does not strictly come under Sec. 138 N.I. Act. But your subsequent act of not paying the amount of the cheque, in spite of receipt of a legal notice u/s. 138 does constitute an offence giving a right to the complainant to bring a complaint u/s. 138 N.I. Act.
