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VINOD VERMA (C E O)     05 March 2015

Defence in sec 138 nia

in the complaint filed by the payee, the cheques held were very old cheques of the year 2007 from a non existant bank on the date of presentation Centurion Bank of Punjab got merged with HDFC Bank on 26th Jan. 2009.2 cheques were presented in the year 2010, wile 3 more were presented in the year 2012, the cheques were blank signed/partly filled by the accused, will some one guide as and when the cheques of Centurion Bank of Punjab became an invalid negotiable instrument by RBI notification/ any act of merger. Secondly, the cheques had a MICR code, while the cheques in question 2 were presented as it is in 2010, but other 3 presented in 2012 were with MICR tamper with white stickers, to show that they are issued by HDFC Bank, what needs to be asked to the Bankers representative to confirm the fact of tempering of the cheques, as HDFC Bank, never issued any cheque books of Centurion Bank of Punjab with MICR stickers. can sum1 tell me about the supereme court judgements about blank or different writing cheques as an invalid instruments, furthermore, if the friendly loans are not there in books of account and many in nbr, much more than the capacity of the lender (who is not registered under MLact). what would be the useful defence / rebuttal by the accused....an early reply will be appreciated



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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     08 March 2015

the bank manager when cross examined can be drilled with such questions because he was the authority to return the cheque unpaid with reasons 'funds insufficient'. The technical details as well as tampering of the cheque with the alleged MICR stamps etc can be explained very well by the banker.  The questions regarding unregistered money lending business can also be shot at while cross examining the complainant. You have to bring out the circumstances under which the alleged cheques were issue and when and totally deny the legally liable debt,provided they are facts.  For further proceedings you may have to go by the circumstances.  Do not expect spoon fed information for conducting trial of such cases here, put your own efforts to know further technical details including the citations of settled laws.


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