Stop Payment of Cheque

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

B K Raghavendra Rao (Expert) 31 January 2010
You have not mentioned whether 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.

Raj Kumar Makkad (Expert) 31 January 2010
I do agree with Rao. Also ensure whether you had informed the polie authorities about stealing of your 3 cheques by your friend and if yes, what action was initiated by police authorities and why didn't you yourself tore those cheques at the time of alleged meeting taking those cheques from your so-called friend? How did you believe twice on your "thief" friend that he shall not file any case and shall destroy those cheques? Instead of filing criminal cases of forgery, stealing, fraud etc, you kept on beleiving him.............. it creats some doubt in the matter. Any way you shall also to face some of the question raised by me here.

All these are relevant questions which also require reply from you and if you remain ignorant towards these, then you shall also to suffer....