Sec 138

This query is : Resolved 

17 June 2019

Dear all,

my uncle and aunty facing cheque bounce case, uncle is more with us and uncle and aunty are joint account holder of this cheque, blank cheque issued to a financer but handed over to third person by financer, now case is from third person, important fact is only uncle's sign is there on cheque. in this condition according to our lawyer the case will dismiss but complainant can fill case again for recovery of amount.
Complainant said that accused issued this cheque dated 10/1/2017 and they submitted this cheque in the bank on 1/2/2017 and cheque got dishonour because unsufficient fund.
My query is my uncle issued only blank cheque to financer but the third person is saying that accused issued this cheque dated 10/1/2017, what that mean by telling this because date and amount is written on cheque by other person not by my uncle, in my view if they said that cheque issued by accused dated 10/1/2017 mean date is also mentioned by accused.

Pls suggest

Dr J C Vashista (Expert)
18 June 2019

You will have to rely upon and accept the advise of your lawyer who is well aware about the facts and circumstances of the case, able, competent and intelligent enough to guide you properly. If your uncle/ aunt (the accused) are not satisfied or have lost faith in their lawyer they should change their lawyer immediately without bothering you.
It would be advisable that the accused should consult another local prudent lawyer for better appreciation of facts/ records, guidance and proceeding, if so (as stated by you).
However, if your uncle/aunt are located in Delhi and feel so, they may contact me (on appointment) at:
Chamber No 647, lawyer's Chamber Block, Dwarka Courts complex, Sector 10, Dwarka, New Delhi-75 Cell # +91-98911-52939 email: majjagdish@yahoo.com

neeraj (Querist)
18 June 2019

want reply only on my query only

22 June 2019

Dear Sir,
As per the recent judgments 90% chances are there to convict the accused even there are some plus points in favour of accused. The Trial Courts always in a hurry to dispose of cheque bounce cases by convicting the accused rather than acquitting the accused by looking into minute defence taken by accused. Be sure that the complaint is examined on all angles and get acquittal order.

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