Discharge for sec 138

D.G. Mohan (Querist) 21 April 2014 This query is : Resolved
Accused in sec 138 appeared in Court and got bail as per procedure. Complainant stand is he gave hand loan of Rs 1,50,000- to accused. But accused has strong evidence that the blank cq. was issued to another person 7 years back as security. There is correspondence in this regard. Please answer whether discharge application can be moved in trial Court itself and under what section?

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Devajyoti Barman (Expert) 21 April 2014
No discharge is possible. You can go for quashing.

Rajendra K Goyal (Expert) 22 April 2014
Quashing in High Court can be filed and tried.

malipeddi jaggarao (Expert) 22 April 2014
Instead of asking discharge/quashing technically, better you fight the case as you have evidence in your hand.

Hemant Agarwal (Expert) 22 April 2014
Alongwith the above suggested solutions, file criminal case against the complainant u/s 420 IPC(Cheating). Both complaints will run together.

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ajay sethi (Expert) 22 April 2014
fight case on merits . file counter case of cheating

Anirudh (Expert) 22 April 2014
First and foremost please indicate whether you sent any reply to the notice received by you from the complainant.

If you had sent a reply to the notice, please indicate as to what stand that you took in that reply.

Pl. also indicate whether your reply was received by the complainant before he filed the Complaint.

Guest (Expert) 22 April 2014
The Query is resolved Nothing to add more

Advocate Bhartesh goyal (Expert) 22 April 2014
Neither discharge nor quashing of complaint is possible.You have to prove by cogent evidence in trial the fact that cheque was given 7 years back to another person as security.

D.G. Mohan (Querist) 22 April 2014
I replied to notice in total deniel stating that the cheque was issued 7 years back to another person. I didnt get any reply .

V R SHROFF (Expert) 22 April 2014
must defend the trial . u will be acquitted.

WHY DEFEND??
As u need to prove by Evidence the facts of 7 years old / non delivery // no liability..