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Anu (Law Officer)     25 September 2012

False signatures on cheque

Experts , 

What are those circumstances which can prove offence against accused in spite of i stoped  the payment , insufficient funds , false signatures , 

Like ... Cheque from regular cheque book , already was in business with complainant ,already reciept of cheques in account ,  liabilty was there , he never reported to police before stop the payment or on reciept of notice , pl suggest some more which will add to it .

Thanks.

 

 

 

 

 

 

 

 

 

 



Learning

 3 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     26 September 2012

You have to give complete details of the circumstances.

Normally it is easy for accused to come out and defficult for complainant to sucseed.

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     26 September 2012

Hi, Solve Problem , 

In fact my client ( Complainant ) , recieved a cheque 5 year back from accused for Rs. 3 lacs , but accused already stopped the payment 10 days before giving cheque with the excuse that my cheque book misplaced . Cheque returned back with the remarks STOP PAYMENT , even balance in account was not sufficient . The procedure of 138 was started well in time and notice was fixed by affixed by court with the presumption of 139 . Accused never reported to police while stopping the payment and not by the moment he recieved the notice of 138(b) . He just got bail and started facing the trial. Complainant side evidences were over , now there was first  witness of difence recently as forensic exepert , the report came that signs on cheque are fake , comming date is to cross the expert . It means accused given purly a fake cheque . But he never could rebute the presumption of 139.

First of all tell me where i stand in my complaint , else what can i do at this stage , to win.

Thanks. 

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     27 September 2012

Well we are always for the accused and this is the standard practice of defense.

Normally clever complainant always choose defense advocates to file and persue complaints since they know all the loopholes.

 

Please remember that the accused duty is to demolish the evidence of the complainant he is not bound to produce any positive evidence so lack of police complaint does not carry much force.

 

If your case is real and not money lender or interest  SHARKS  than you can dig out evidence to show real liability and hence action under other sections of IPC.


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