Section 138

Querist : Anonymous (Querist) 28 November 2011 This query is : Resolved
I had a dispute with a customer who owed me money. After haggling I received a cheque for Rs. 100000/- from my customer.

When I presented the cheque I found that customer's account was closed three years back.

I filed a case u/s 138NI act,

The customer in turn has filed a FIR against me alleging forgery of his signatures and stealing & misusing the cheque. The handwriting expert has confirmed the genuineness of the signature. FIR still not closed by the police.

Can I recover my money through section 138? Do I face any problems?

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DEFENSE ADVOCATE.-firmaction@g (Expert) 28 November 2011
both the cases will run parallal.

Querist : Anonymous (Querist) 28 November 2011
Mr JSDN,

You mean the section 138 case holds ground even when the account was closed 3 years before the issue date on the cheque?

Shailesh Kr. Shah (Expert) 28 November 2011
Can I recover my money through section 138?
Answer: Yes.

Do I face any problems?

Answer: you have to prove that allegations are false.

Querist : Anonymous (Querist) 28 November 2011
But proving the FIR wrong is a long process?

Querist : Anonymous (Querist) 28 November 2011
The complaint case u/s 138 was filed in 2006 and the FIR was also filed in 2006. Nothing seems to be moving, neither the court not the police.

M/s. Y-not legal services (Expert) 28 November 2011
if he convicted under section 138 of n.i act., further you can file a suit for recovery of money..

so proceedyour case properly after that use this alternatine solution ..

Arun Kumar Bhagat (Expert) 28 November 2011
In both the cases you will be winner.

Querist : Anonymous (Querist) 28 November 2011
I think for the civil suit for recovery, it has become time bar(since 2006)

Shailesh Kr. Shah (Expert) 28 November 2011
you are right thinking.

M/s. Y-not legal services (Expert) 28 November 2011
oh sorry.. but in your original query you not mentioned about the date of cause of action.. thats good one that you are having knowledge in limitation. good