False case of 138
Jitendra Tanwar
(Querist) 23 July 2013
This query is : Resolved
Sir,My bag is lost in my way which contain,two blank cheques(signed),Registration copy,DL,Property paper(xerox).I carry these docs for exchange my bike.When i know that i lost all these i go to police station for complain against these.In polce station they ask me to stope these cheques from my bank.I give them a affedivete regarding my complain.On next day they(police)refuse to lodge FIR,they sugest me that cheques r stopped by bank why i complain for them.Then they only wrote complain for RC n DL.This also seen ok for me that if i stop payment no one draw rupess from my account,but after 6 month i got a notice from Narendra(I never herd this name)that he give me 5 lac for my bussiness.Iam shoked i call to police they said this is ur matter.
Then i go to lawyer he also send notice to him(Narendra).I ask my lawyer that if i know this person y he not call me for his money.but know i am in great mentel tension from this case and my family.
I also given add for this in daily newspaper(lost documents)
plese suggest me what i do now for this.My lawyer said me not to complain against him(Narendra) but i m afrade that he also haveing my other cheque and documents.
plese sugeest me?
ajay sethi
(Expert) 23 July 2013
when you had misplaced those documents you had lodged police complaint and also released ad in local newspapers .
you have pursuant to legal notice received from narendra advocate duly replied to the same
in case narendra files complaint under section 138 Ni you can in support of your case rely upon those documents . in addition you have to show that there is no debt due and paybale
Rajendra K Goyal
(Expert) 23 July 2013
Cheques were lost with other documents, reach police with request for try to trace contents of lost bag through Narendra as cheques are with him and he can very well give the clue.
If police does not co operate, try to lodge complaint through court. Consult your lawyer.
Jitendra Tanwar
(Querist) 24 July 2013
Thanks you all for your response.
Sir,as i maintion earlier that i go to police station but they only file case related to my RC and DL but refuse to maintion cheques in that.SI of that station suggest me that i call my bank to stop payment.I do as he sugested.but FIR regarding cheques is not loged by police.This is first time when i go to police.
but i relesed ad in newspaper regarding this.
@Ajay sir how i show about due and debat.
my lawyer ask me not lodge complain against that person now.
