U/s 138 ni act
ksvrajuadv
(Querist) 04 July 2012
This query is : Resolved
I am from accused side,compliant is head clerk in bank & he filed complaint agaist my client of RS1,50,000/ cheque bounce,my client wanted to take loan from com[laint`s bank & compaint assured him for that,he took blank signed cheque from my client in the year 2005 or 2006 but now he put date of Feb 2011 & filed complaint agaist my client where he mentioned that accused took loan from him by friendly relation.complainant also filed one complaint agaist a person of Rs 5,85,000/ on same ground which is also pending in the same court.complaninant was suspended from his duty due to that he put forged sign of a person on cheque & wanted to encash it.Now he rejoin his duty.our case is on cross of complaiant,plz advise me what kind of questions may ask from him ? what defence we need to take? & above all what is the fate of our case?can we file application to police commissioner?
thanks in advance
ajay sethi
(Expert) 04 July 2012
engage a senior counsel for cross .
have yo u take plea that blank cheues were given ? date and amount filled by complainant ?
you have to prove no debt is due and pyable .
you can show cheque book is of 2005 other cheques issued by you from same cheque book in 2006
