Under 138 n.i act

Querist : Anonymous (Querist) 07 August 2011 This query is : Resolved
sir, my friend lost 2 cheque's that without name and date in one cheque of 7 lakhs and 2nd chq of 4 lakhs. the person who got the chq presented in bank and filed the case under 138 n.i. stated that he has paid cash of 7 lakhs and 4 lakhs as an hand loan. is there any case that somuch huge amount paid by in cash as an hand loan. how can we prove that he has filed false case please advice. the name and date on chq is not his handwriting and that complaintent has manage at post office to not recd 15days notice to my frd. regards

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ajay sethi (Expert) 07 August 2011
1) if your friend had lost 2 cheque leaves had he informed the bank about said loss prior to presentment of cheque . any police complaint filed

2)if name and date of cheque is notwritten by him and has been filled in by the complainant then no complaint under section 138 is mainatanable

3) ablank chequ is no cheque

4)if complainant has stated that he has given cash loan of rs 7 lakhs and rs 4 lakhs he will haveto prove the same .

DEFENSE ADVOCATE.-firmaction@g (Expert) 07 August 2011
Your story should be plausible to be believed.

Querist : Anonymous (Querist) 07 August 2011
2)if name and date of cheque is notwritten by him and has been filled in by the complainant then no complaint under section 138 is mainatanable

how this we have prove to send hand writing experts are foresinc experts

K.S.Srinivas (Expert) 07 August 2011
I wonder why the bank concerned is not informed the moment the cheques are lost?

As said by mr.sethi why police complaint is not lodged?

I do not think that transactions worth Rs.7.00 lakhs and 4.00 lakhs can be made by cash.

The main question to know is that whether other person is capable of paying cash of Rs.11.00 lakhs?

These are probed into.

Querist : Anonymous (Querist) 07 August 2011
k.s. srinivas sir any judgment are case reference can i get because the complainent is very leategent person he manage with post master after chq bounce he given notice and managed not get delivered the notice suddenly the summons recvd from court. sir you all experts thats why can follow the rule he my frd is innocent person please provide us some case reference sir. regards

Raj Kumar Makkad (Expert) 07 August 2011
I do not agree with the reply posted by one expert that if handwriting on cheuqe is of complainant then the complaint is not maintainable. I think neither this is provided in Act nor any judgment of Apex Court is pronounced.

In your matter, a ruling of SC shall work wherein amount more than 20,000/- cannot be given by complainant to accused person without cheque even if it is presumed that the cash loan was given. If this condition is not fulfilled, the complaint is not maintainable. You may call to me on tomorrow during court hours. I can provide it as it is lying in my chamber.

Querist : Anonymous (Querist) 07 August 2011
thanks sir if can provide. regards

Guest (Expert) 07 August 2011
as replied by the expert why the information was not given to the bank as the cheques were for huge amount and moreover if the cheques were filled for some one for the payments and filled by you than why left the dates blank and only the amount was filled. if you issued the cheques for some one than why the name also not filled by you.

M/s. Y-not legal services (Expert) 07 August 2011
Am also stand next to mr.makkad for support his view.. Except the signature the accused can't plea anything. If he accept his signature mean thats enough to proceed against him.

prabhakar singh (Expert) 07 August 2011
if sign of issuer of cheque is not in dispute
who wrote the cheque can not be an issue,according to IT ACT payment of more than 20k in cash is unrecognized,hence i find Expert raj kumar makkad opinion right.expert Tom has rightly confirmed him.

Ajay Bansal (Expert) 08 August 2011
Dont worry.Both complaints will be dismissed.The Supreme Court have given several judgements in which such type of cases have been ordered to dismiss with cost.

Querist : Anonymous (Querist) 08 August 2011
ajay sir please provide me judgements which had dismissed that will be helpful for us. regards

ajay sethi (Expert) 08 August 2011
i beg to disagree with other experts . bombay high court has held that if the amounts and name are filled in by the complainant but cheque is only signed by accused no complaint under section 138 is maintanable

Under 138 n.i act

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