Cheque

Querist : Anonymous (Querist) 31 January 2010 This query is : Resolved
Hi....
one of my friend has stolen my 3 cheque from my cheque book. from one of them i have mentioned rs.225000/-but i didnt mentioned the drawer name on it and i didnt sign on it. my friend make my fake sign which is totally different from my sign. when i come to know about it i have informed my bank to stop payment of my stolen cheque and recived a letter from my bank. he gave me legal notice to me and replied him by my lawer. after that he came to my home and we settletd that he will not file a case agaist me and will tear all cheques. after that i dint lock at this matter after 1 and half year i become to know that he file a case agaist me and magistrate ordered for warrent agaist me. i have been bailed out and file a objection U/S 204 CRPC but megistate dined it. he file a case with language that i am taking a loan from my friend wife for a on 18% p.a. for the medical treatement of my father and will repay the same with in one month and will pay intrest seprateley.
what shound i do in that case....
plz provide me you valuable advice my next date is on 16th feb 2010

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Adinath@Avinash Patil (Expert) 31 January 2010
YOU CAN DEFENCE OF TOTAL DENIAL,YOU MAY SEND YOUR CHEQUE TO HAND WRITING EXPERT.TAKE DEFENCE OF THERE IS NO LEGALLY EXISTING LIBILITY.

Arvind Singh Chauhan (Expert) 31 January 2010
your defence is in your query itself.

Sachin Bhatia (Expert) 31 January 2010
You have a very good defence, you just need to strongly defend yourself.

Guest (Expert) 31 January 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE CHEQUE DISHONOUR CASE KINDLY NOTE THAT.
1YOU HAVE TO DELAY THE LOWER COURT MATTER BY FILING DISCHARGE APPLICATION ON THE AVAILABLE GROUNDS.
2YOU MAY KINDLY NOTE THAT YOU HAVE TO FILE A WRIT PETITION TO THE HIGH COURT UNDER SECTION 482 OF CRPC.FOR QUASHING THE FALSE CASE UNDER SECTION 138 OF N.I.ACT.THE RECORDS WILL BE CALLED AND YOU HAVE BRIGHT CHANCES OF ACQUITAL AS HIGH COURT MAY QUASH THE COMPLAINT.
2.IN CASE YOU NEED ANY FURTHER HELP KINDLY SEND DETAILS OR WRITE OR CALL.GOOD LUCK.
3.WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

Sukhija (Expert) 31 January 2010
U have to defend urself in trial and u have good defence,quashing u/s 482 may not be in ur favor as u may b asked to face the trial.

B K Raghavendra Rao (Expert) 31 January 2010
You have not mentioned under what provision the case has been filed. If it is under Section 138 of NI Act, it is a summons case and not warrant case. First summons has to be issued and not a warrant. How easy it is for your friend to steal your three cheques. This needs to be rebutted with believable evidence. If he has issued you a legal notice one and a half years back, then the case, if it is under NI Act, mostly would not survive. If not under NI Act, he can file a civil case for recovery and not criminal case.