138 NI ACT

Sukhvendra singh (Querist) 09 November 2010 This query is : Resolved
sir,
A false 138 case is filed against party A by party B and the chq. has been falsely implanted in the case
because party A was having good friendship in past with party B but currently party B is not having any type of relationship with party A and due to good relationship party B was in regular touch of party A and in past took a blank chq. signed by party A to deliver to a party for payment but at that time the party went out of station and later party A forgot to recollect the chq. from party B.( N.B. the payment to the party was given through different chq. ) Now the chq. presented in the court has signature, amount filled in figure & words by party A which is true but the payee name and date are in writing of party B and the time difference between these two writings is of 2.5 years approx.
Now I want a expert opinion from a agency ( Say FSL etc) against below mentioned points and court has taken coglegence and party A has been granted bail and at this stage party A has requested to court for expert opinion about chq. for below mention points:
a) Handwriting on the chq are of how many persons ?
b) Whether the different handwriting on the chq. is of same time if no then how much time difference
is there between them.
c) Can it be found by carbon dating process or any other method and that report is legally valid or not.
the council of party B has stated to court that it is not possible at this stage.
Kindly reply to me at an earliest for so and please provide any ruling in support of so.

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s.subramanian (Expert) 09 November 2010
File a petition u/s 45 of the Evidence Act to send the cheque to expert for his opinion on this point. You are entitled to do it.

Guest (Expert) 09 November 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9960223100, 9271971251
e.mail.advocatesawantnb@yahoo.com
e.mail.nandkumarbs@sify.com
REGARDING N.I.ACT SEC.138 CASE KINDLY NOTE THAT.

YOU MAY FILE AN APPLICATION FOR DISCHARGE OF ACCUSED ON VARIOUS GROUNDS.
CHEQUE IF SENT FOR HANDWRITING EXPERTS OPENION THEN IT WILL BE USEFUL IN PROVING THE FACT THAT ACCUSED HAD NOT VOLUNTARILY GIVEN THE CHEQUE BUT COMPLAINENT HAS MISUSED THE SAID CHEQUE BY WRITING NAME DATE AND AMOUNT ON THE CHEQUE.THERE IS NO LEGALY ENFORCEABLE DEBT.
BUT KINDLY NOTE THAT CASES UNDER SEC.138 N.I.ACT ARE RISKY AND ARE TO BE DEFENDED CAREFULY.IT IS NOT LIKE CIVIL SUIT.BUT ONLY TECHNICAL POINTS OF ISSUANCE OF CHEQUE AND OTHER LAW POINTS ARE CONSIDERED.
KINDLY SEND DETAILS WILL HELP YOU. GOOD LUCK.

Khaleel Ahmed (Expert) 09 November 2010
The complainant have to prove on what account he have received the cheque from the accused.If there is no supporting documents, the filed case will fall itself.Further you can file a seperate criminal complaint against the complainant.

Devajyoti Barman (Expert) 09 November 2010
yes

DEFENSE ADVOCATE.-firmaction@g (Expert) 10 November 2010
Mr though I am for the accused but you are repeated dishing advice about discharge and quash any case reference please.

ashish lal (Expert) 10 November 2010
lets say FSL gives report that name has been written by different person. then what? how it is going to help the accused.

try to find out other grounds for defense.

Khaleel Ahmed (Expert) 15 November 2010
Resolved.

SANTOSH CHOUDHARY (Expert) 25 February 2012
File application under sec-45 of Evidence Act at the earliest stage without waiting for defence stage. Cross exmamine the witness on the transaction between the parties and security cheque. And produce any witness regarding the transactions between the parties and the cheque given for security and the cash payment made earlier.

138 NI ACT

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