Falsely framed u/s 138 NI
Querist :
Anonymous
(Querist) 21 May 2011
This query is : Resolved
FOR EXPERTS DEALING IN 138NI CASE
I have been framed in a false case of 138. I used to help a very close friend financially as he was alwys in financial trouble. As he wanted more money he had to borrow it from somewhere. He used my signed blank cheques as security. Also he took a signed blank paper from me at that time. My cheques have been misused heavily.
The story made by him:
He has shown that I had taken money from him in cash (a very huge amount) with a proposal that I will give him an regular monthly interest which he says I did for 1 year. After that I approached him for more money and he claims he sold off all his wife's jewellery and gave me again in cash. Again he says that i paid interest for a few months after which I stopped responding. And after about one year of him pursuading me to give back money he has made a court case. He also forged an undertaking on a signed blank paper given to him at that time stating that I haev borrowed money from him and intend to return it failing which he can encash the cheques. The rest of details have been filled by him.
The idea is to harrass me and take whatever in form of settlement.
The story is total fake.
Facts: I never took money from him in any form. Also never gave him money except as help.
I have not taken any steps (not even a complaint) so far even after 3rd date although I have been appearing regularly and next is stage for oral evidence/submission.
Alongwith criminal case he has also filed a civil suit in parallel.
What additional measures can I take?
M/s. Y-not legal services
(Expert) 22 May 2011
Really you charged for a false case mean just appoint an advocate. He will take care of you. Surely he will find any loop hole in favour to you..
KANDE VENKATESH GUPTA
(Expert) 22 May 2011
The complainant has to establish the following ingredients to attract 138 IPC.
(i) The accused is legally liable to pay some money to the complainant.
(ii) The accused in discharge of the said legally existing liability, had issued the cheque in question.
(iii) The complainant had presented the cheque for encashment during the period of its validity.
(iv) On receipt information about the dishonour, the complainant should issue the notice within a period of 30 days demanding payment of the cheque amount.
(v) The accused, having received the cheque/refused to receive the cheque, failed to pay the cheque amount within fifteen days.
(vi) The complaint u/s 138 of the N.I.Act is filed within 30 days thereafter.
The facts stated by you should by proved by you. Presumption of law is against you. Burden is heavy upon you to prove your case, since you are admitting your signatures on the cheque and undertaking. At the time of cross-examination of the complainant, you must elicit information from the complainant, that the complainant is not in a position to lend any amount to you, his wife is not having any jewelry at all, if she is having any jewelry, to whom it is sold etc., and that the blank signed documents were given to him enabling him to obtain handloans from third parties by showing these documents as security only,
Guest
(Expert) 22 May 2011
CRIMINAL IS FOR PUNISHMENT FOR OFFENCE. AND CIVIL IS TO RECOVER THE AMOUNT WITH INTEREST. FACE PROPERLY.IT IS A DOUBLE EDGED WEAPON.
Advocate. Arunagiri
(Expert) 22 May 2011
You have to face the trail, engage an advocate, he will help you.
Querist :
Anonymous
(Querist) 22 May 2011
I have already appeared for 4 dates.
I have not taken any action since the notice. I was so disgusted in the whole case. Also is it necessary to file a reply immediately after the case??How will it affect my case.
on 1st date I got next date as I chose to defend. also i appointed a counsel at last minute.
on 2nd date my counsel did not file a reply.
on 3rd date again he was not ready with a reply, so I went and was imposed a cost.also the judge said its not my counsel's mistake. it is ultimately my responsibility. also he said next will be the last chance to give my evidence u/s 145(2).
on 4th date I changed my counsel and we were prepared with a reply as it was out last chance. but this time the judje did not even look at our reply. he said he does not accept evidence by way of affidavit.
so I am given next date where oral evidence will be taken. Does it mean cross examination of complinant?
Guest
(Expert) 23 May 2011
Good example of very close friends! The question arises, why he could not use his own cheques to hand over for loan taken by him and why more than one cheque from you and also blank signed paper, when loan was to be taken by him where only his own signed paper would have been demanded by the person giving him loan? The story seems to have some deep holes, which you are trying to avoid from the experts. If you hide facts, you may perhaps land in more trouble during trial on getting advice on your own twisted facts.
Querist :
Anonymous
(Querist) 23 May 2011
Problem is my facts are too good to be true. It is unbelievable the kind of help i have extended to them in their bad days.
Now the answer to Mr Dhingra's queries:
He could not use his own cheques because his credebility in the market had gone down considerably. But he was in such bad condition that I helped them. Also the people from whom he borrowed money were known to his family for years so did not want them to know of their plight.
The signed blank papers were actually given to him out of frustration during an arguement as I could not help him financially anymore. I told them I can do this much that I can stand with you in tough times.
The shocking part is his own mother was in knowledge of all this and she herself pleaded me to help them for little more time.
In case of more questions please feel free to ask.
Regards,
Querist :
Anonymous
(Querist) 07 June 2011
I need more replies
Querist :
Anonymous
(Querist) 16 June 2011
any more answers?
Querist :
Anonymous
(Querist) 26 June 2011
any more answers?
