U/s 138 Negotiable act section 420 IPC
Querist :
Anonymous
(Querist) 26 March 2011
This query is : Resolved
sir, when i was in Allahabad, there was an Icici bank saving account with me open in 2002 and i was moved to Ghaziabad in 2004 and closed that account and surrender the check book what ever leaves i was holding that time. the Banker close the account and open an another account on behalf of that.
soon i recd. new check book and makes my daily banking schedule proper.
Due to distance from my bank and residence i was open and Saving account in SBI with my locality and stops all kind and transaction with that account.
What is the issue?
One person get a check of Rs. 27000/- signed with out date written from my side of ICICI bank old account no which was in Allahabad, and he was putted / manipulated date of 31st Aug 2008 on check and drop into his account in Delhi and the check get dishonored due to account closed.
He issued a summon from Magistrate court to me.
where he is mentioning that i was borrow a 1 Lac rupees cash from him and i issued check to him which was dishonored on dt. 1-09-2008 & he recd complained from bank on dt. 04-09-2008.
He says that he issue a legal notice on 03.10.2008 on my residence address.
Now on dt. 22-3-2011 when i was at my residence at sharp 9.20 a person came to me with summons from metropolitan magistrate.
I was socked, My family get disturbed,
Sir, That day I came to know that a person who was caretaker of the Builder where we are living right now, Frequently visited out residence and drinks a cup of tea stay in my flats use our chairs to sit, and build trust and any how he tear one leaf or any how he got this check.
That time i was living alone with my younger brother and relative from Allahabad, we have every thing open in house that time as the flat was new and we were using our bed on floor.
After that i made my family, i get married now i have baby our life was running smoothly. He never use to come my residence as i remember from May 2005. as he was living around 800 meter from residence. but we never personally meet for any kind of things.
Now what i need to do this matter? As This useless and time/money / prestige loosing matter that a person who knows me from very far far far and he is making 420 and file a litigation under u/s 138 negotitaiable act with section 420 IPC.
as this is breach of trust and socking for me.
As I am from very defined family and running my own business.
its making me Bad.
After Receiving Notice
1. I visited his house on 23.3.2011 at 9 Pm
but her daughter says he is not in home.
2. on 24.3.2011 i once again visited his house at 7.30 her daughter says he is not in home.
3. on 24.3.2011 same day at 9.00 am i again visited his home, that time he meet me and says i do not want to talk to you here, because some labor kind of people are sitting here. he says come 8 PM today. I ask him what is this? what do you want? he says i will tell you come at 8 pm. and he share his cell no with me, and i also tell my cell no to him.
4. Once again i visited at 8 Pm same day
he was at home but he refuse to talk to me.
5. again on next morning 25-3-2011 at 7.48 am i made a call he picked up, says i will come at home at 8 pm. i says fine. and didn't turned up.
6. i called him several time to him but he is not picking my phone.
7. today dt. 26.3-2011 i once again visited his house but her daughter says he is not at home.
Finally, I am requesting you to please guide me to come out from this matter. and what procedure i need to follow.
Thanking You
bhagwat patil
(Expert) 26 March 2011
file the police complaint to the police station narrate all your story to police ,police will call him up and tell him to file the case of stealing the checks from your house.forgery, and money lending etc.
Querist :
Anonymous
(Querist) 27 March 2011
i am the resident of Ghaziabad. one person stolen check from my house Ghaziabad from the bank of ICICI bank branch Allahabad (Closed Account).
He presented that check in Vivek Vihar canara bank Delhi in 2008.
The check get dishonored due to account closed in 2004.
He also lives in Ghaziabad.
He summoned me from Kadkarduma court Delhi.
Is He try to touchering me to call in Delhi court.
How can i shift this case in Ghaziabad.
