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Brijesh jaggi
(Querist) 02 October 2015
This query is : Resolved
I was running my bussiness with my partner .we used to provide security cheques to some parties for material later on we used to make payment in cash and take back security cheques .As i used to do my job along with it so my partner used to go to parties and give them security cheques on my behalf and bought material.But recently my partner ditched me and he has filled his name on my cheques amount on cheques has been filled by me but name and date on the cheque has been filled by him.he has presented cheques in bank which has been bounced,now he has filled a case of 138 against me amount in cheques is total of around four lacs. He has shown he has given me friendly loan of four lacs all in cash he is not having any signed document of mine.he is having only cheques filled in by me but name and date is filled by me now can he claim money from me through false court case. Pls.guide
Anirudh
(Expert) 02 October 2015
Did you receive legal notice from him?
What reply did you give to the legal notice?
Guest
(Expert) 02 October 2015
Consult a Local Good Criminal Side Senior Advocate.You Could File A Police Complaint regarding your Issues and Your Advocate would handle it and Truth would come Out during Crossing.
P. Venu
(Expert) 02 October 2015
The facts stated in the query, if true, is a complete defence. However, the concern is one of proving them.
Have you stated them in the reply furnished to the complainant in the statutory notice?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 02 October 2015
The cheque bounce cases can be won on technical issues .
Your signature is enough to prove that it was given for a liability to the holder or payee.
Your story has otherwise many loopholes and it can not stand in court of law.
1) When it was partnership why you were giving cheques.
2) Any prior history of such cheque having been given and taken back.
and most imp it there has to be back to back record of every cheque given or signed by you.
Engage an advocate who has won any cheque case others will push to conviction.
SAINATH DEVALLA
(Expert) 02 October 2015
Any transaction over and above Rs 20000/- should be transacted in the form of a cheque or a DD,unless it is supported by any other document like a promissory note or a stamped receipt.
Here section 269ss of INCOME TAX ACT bars such cash transactions unless they are made between persons having only agricultural income which is non taxable or payment is to government or banks or gazetted institutions.
Wait for the statutory notice as every thing depends on its contents.
Brijesh jaggi
(Querist) 02 October 2015
He was my neighbour partnership was only verbal not in written .yes i received the legal notice from them i gave them replied u have cheated me u r having my blanked cheques and u r misusing them.this person also kidnapped me and i managed to run and i am having police complaint of kidnapping where he has admitted this kidnapping and compromised that we will fight thru court, he presented these false cheque in bank after four days of kidnapping . I am mentally too disturbed i want to come out of this quickly how much time court takes to settle these matters.one more thing he also attacked my house with around 15-20 people before kidnapping...i have a police complaint of that also pl guide me.
Guest
(Expert) 02 October 2015
Consult A Local Good Senior Criminal Side Advocate of Your Place.
Rajendra K Goyal
(Expert) 02 October 2015
What type of job you are doing private / Govt or PSU ?
What was your reply to notice?
Did your employer knew regarding your private business?
In whose name / style the business was registered and in whose name licences stand?
Guest
(Expert) 02 October 2015
Seems to be some hypothetical query. If you lodged a police complaint for kidnapping and attack by a mob of 15-20 people, what is status of that case?
P. Venu
(Expert) 02 October 2015
It appears that you are not fully honest with facts.
Brijesh jaggi
(Querist) 02 October 2015
Mam/sir i am fully honest with the facts i am worried becos i have been trapped in wrong way by my partner pl help me to come out of this trap .pl also let me know how much time does 138 case takes to get solved up .
K.S.Srinivas
(Expert) 02 October 2015
The whole matter is of the nature criminal case, it is suggested that better consult a criminal lawyer along with all the papers and act according to his advice.
Guest
(Expert) 02 October 2015
If you are fully honest with the facts, is there any specific reason for not replying my question, "If you lodged a police complaint for kidnapping and attack by a mob of 15-20 people, what is status of that case?"
Brijesh jaggi
(Querist) 02 October 2015
The complaint of kidnaping and attacking has no status .police had made the compromise between us inwhich my partner appolized for kidnaping and made the statement that he will not do it again and matter will be solved through court and after 4 days of my kidnaping he presented chqs in bank and later on after two months he again presented the same cheques in bank but by that time i had closed my account becos i came to know of illegal mind activites.after this he sent me the legal notice and know the matter has been taken to court .what should now i do
Guest
(Expert) 02 October 2015
Quite unbelievable and mythical statement, if the police did nothing, except to get compromise made even after attack by a mob of 15-20 persons!
Brijesh jaggi
(Querist) 02 October 2015
Can i prove in Court about his fraud by the letter written by him of compromise and saying sorry in police station for kidnaping .as he presented the cheques in bank after my kidnaping if he was right person why did he kidnapped me before presenting the cheques.
Brijesh jaggi
(Querist) 02 October 2015
Yes police had done nothing only made compromise i have a prove of all this ,i have a copy of compromise written with me.
Brijesh jaggi
(Querist) 02 October 2015
Sir/madam i have recently heard about new law against cheating has been implemented by supreme court which takes neccessary actions very fast against cheater results are produced of cheating cases in 60 days is it true can i go for it.
