Framed in cheque bounce 138

There is nothing to worry.  Mere possession of cheques may not give the possessor any right..  Some facts may appear as strange and fiction, as that of signing so many cheques at a time.

Now that you have filed police complaint in 2015, inform police about the calls, record the conversation, inquire about his profession, whereabouts in 2015 and let police handle the case as a complaint was already pending with them.

Now that a complaint was booked, he has to establish that they were given to him by you and the consideration he has parted with it for accepting of such cheques, and reasons for delay in presenting the cheques etc.  During investigation, facts must come out.

Once he comes out of the investigation, then you can face him if any through proper court.

Fortunately, nowadays, nobody can withdraw more than Rs. 24000 from any account at single instance.

• Go to nearest automated teller machine and find out the balance in your account and check out withdrawals if any from your account
• Try to get the email id and telephone number of the branch, where you had opened the account
• Send a letter to the branch with a request to stop payment of the cheque through email - for this purpose you should know the following details - your account number, cheque number, date of the cheque, amount of the cheque etc., If it is a blank cheque furnish those details also to the bank
• If possible inform them over phone also.
• Go to the bank branch immediately and lodge a complaint in person. This is apart from your complaint through email.
• In case you are living away from your branch in some other town, send a letter by speed post or courier immediately
• Email will be the quickest mode of communication; however, it depends upon the branch people to open the mail and check the mails

The member has reported the following:

i had only signed my cheques which were again totally blank.now in 2017 suddenly i got one 138 case filied on me by filling up the name as well as the amount and date.i 
 

This  can this happen, only when the cheque was bounced by the Bank.  When a police complaint was given, cheques were lost, whether drawer has countermanded payment or not is not known.  At the same time, getting the bunch of old cheques is another burden.  Once the police search giving a surprise raid, more things may come out.

Thank you all for guidance.......

1. No one keeps cheque book containing 7-8 cheques signed in advance that too for years togather, as stated by you.

2. Did you try to locate missing cheques, if so when and where?

3. Before filing a case u/s 138 N I Act, 1881 a legal (demand) notice from the complainant/drawee is mandatory, did you receive, if so, what action did you initiate? If no, why?

4. Unbelievable fabricated story.

Agree with Dr. J. C. Vashista. Also it is difficult to understand the exact case due to poor English.

This is what was stated in Reply No.1 to the query

 

Some facts may appear as strange and fiction, as that of signing so many cheques at a time.

 

I am sorry that due to my poor English I am unable to make my case clear Look every month around 10-15 payments of my firm was done through cheques From past 5 years I just sign the cheques and my manager use to fill in the other details In 2015 I was not in my firm for 3 months and usually I signed the cheques and it was my mistake I never even bothered to check my bank account for wether the cheque's have been payed or not since the amount was around Just 5000-8000 which every month I use to pay through cheques. I came to know about the missing cheque's after 4month time when I received a call from the party to which I had to pay the amount. He told that since you regularly take stuff's from us I never even bothered to hint you for a small payment. He told me the payment of July was not done then I enquired other persons also and I found no payment was done in July. I came to know in December and I spoke to my manager and he told all cheque's are used properly and there is no missing cheque It was my mistake as I see him like my younger brother I always had blind faith on him as all my cheque books also was in his cabinet only from years and he only take care of my loan and banking things But on of my friends adviced me to file an complaint and inform police for the same so I did it. Police just took my application and gave me in writing for the same stating police hastakshep yogy nahin I spoke to bank persons then after that they told me if you don't have the exact cheque number you cannot stop payment for those You either need to stop all cheque's or give us the exact cheque number. This time I took it seriously and then I spoke to my manager very clearly that how much cheque books I had and I am sure my cheques are missing. He was stunned and he never spoke a word from next day he stopped coming to work And In 2 years nothing happened now suddenly I got a notice from the lawyer that my cheque is bounced and the person who has filled it against me is The brother of my old manager who is a culprit. I spoke to one local lawyer he told me nothing to worry as you have the police copy bank copy of missing cheque's with you and also you have not written name or amount or date in cheque's. You have just signed it down so let him register the case and in trials we would see to it. But I was not satisfied with his line of work and I told him why should we wait for trials and that's why I came here putting away my issue so that I can get some correct solution

Have you replied to the notice, which is a priority ?

If not contact your advocate and respond suitably, informing them of Police complaint filed.

Have you informed the tracing of the cheques to the Police.

If not contact the police with your advocate and the copy of notice issued and ask them to initiate investigation.

No purpose can be served just by posting some queries, and not implementing even a word given as guidance.  Take some steps after careful consideration and consulting advocate.

In all probability, the culprit may not be dare to file such a suit, but be prepared to face any thing by taking all precautions.

You are saying "suddenly i got one 138 case filied on me by filling up the name as well as the amount ".  No one can suddenly file a 138 case. Before filing the case the party has to give you notice under 138(b). If you had not got that notice that itself is sufficient to dismiss the complaint.

Mere cheque bounce will not make up a case for him. There must be proof of "legally enforceable debt" ...like a promissory note or some contract signed by you etc.

 

He can't do anything keeping only a bounced cheque. 

thanks for all suggestions.

as adviced i went to police station and told them the whole thing they called up the guy and he came back with his advocate and his advocate said to police that it's the matter of court now and it would be seen in court however on my written complaint the police officals asked him that when has he given me the money and what proof does he have other then the cheque. he was complete silent in this he could not even answer as he was not taught for all this by his advocate.the police again asked does he own my more cheques or any further trasncation is there between he and me and again he was silent his advocate started to shout and he told his client his having blood pressure and he would reply for all tommorow.the police allowed his advocate to take client with a promise that his client would reply to the questions asked.

I am happy that now police is with me and even the police officer said it is very clear that this guy is a fraud. my report is taken as a complaint for now and the police told me if needed it would be regfistred as a FIR ..the guy was totally silent today before police and he never had answer of anything

I told them i never got any notice too the advoacte told he had sent it to me through speed post.the police asked you might be having the acknowlegment or something as to prove that i have received it then his advocate told that through online speed post tracking he was sure that it was told to be deleiverd to me. although nothing like that happend to me in real.

I took my advocate today and he told me there is nothing to worry as the notice was never received by you and it was sent through speed post as stated my the culprit's advoacte but he don't have and receving AD or something and his advocate is real clever as asked wether he had sent it to my home address or firm address the advocate simply told he has to check his records and currently his client needs medical attention and then they moved out of place

thanks to you all who guided me to take all these steps....i am happy that now things are going fine as even the police officers told that nothing to worry .....so let's see what is gonna happend tommorow...

once more thank you all who gave me the correct steps to what to do

Thanks for getting back and reporting facts.  Are the police having any recording system or CCTV or noting down their version/statements and getting their signatures.  If not , recollect each and every thing and prepare a draft for your rememberance, so that it will be helpful in filing affidavit/counter in future.

Under Section 27 of the General Clauses Act, a notice is valid if it is sent by Registered Post properly stamped and addressed. As the Complainant has no evidence of sending the notice under Section 138(b), the case ab initio fails.