bharat (consultant) 11 October 2012

Took money destroyed fake cheque & now asking fr money again

Hi ,

During one registration deal my father gave some money and for rest of the money he gave post dated cheque.

After few days my dad gave back their money in cash(as cleint wanted in cash) and asked him to return the cheque. That guy made a fake cheque out of the original and tore it off in front of my dad. Next day my dad got a call from bank manager asking whether he has issued any cheque and it got bounced as insufficient money in his account. Then he relialized something went wrong and search for the torn out cheque. He realized its fake and gave an police complaint against him. Police caught him and mean while he told some medical reason and escaped from station. Now he has filed one case on us.

In this case what should we do. Please help

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4 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 11 October 2012

Far want of evidence no court will believe your story.

The law is simple and short that it is your cheque and bounced and you have not paid.

However there are many technical issues which may help you to come out of any cheque bounce case.

Adv. Nikhil Seth (legal consultant (9867264707)) 11 October 2012

how about the complaint you filed against him. What is police acting on the compalint . What case has he filed aginst you.

KISHAN PRATAP SINGH DEORA (Specialization- Criminal Matters 138 Negotiable Instruments Act Property Law Matrimonial Disputes Societies Trusts & NGOs Registration etc. ) 11 October 2012

Mr. Bharat ji... Cheque bouncing cases are won or lost on technicalities... There are more than 50 mistakes which the complainant can commit & more than 50 Tricks which the Drawee could have used to fool the complainant.

You have not mentioned whether you received any Notice from Mr. X or not? If not then you need not worry as he has already lost the case on this simple technicality. If yes then we need to see whether the Notice contains all the formalities or not. If it lacks any of it then again it is a good news and you need not worry.

Even the Cheque itself contains many clues... And we also have pieces of fabricated Cheque... which again could be used positively.

And finally as you have promptly filed complaint against him... you have fair chances.

Best of Luck,

Adv. K. P. Singh Deora

Advocate & Legal Consultant