Cheque lost and presented to bank
Piyush
(Querist) 05 December 2009
This query is : Resolved
one of friend stolen my cheque book.but i didnt know who had make this when i come to know i had requted my bank to stopped payment with a series of chq.
after few days my friend deposited the chq with frude signature and fraud letter that i am taking 2,25000/- cash from his wife and giving chq as security.on due date as par his letter he depoited chq with his bank but my bank refused the payment as i stopped the payment of chq. now he suited agained me u/s 138 and 420 ipc what should i do....
this case is pass about one year but i have recievd warrent 2 days back
when i was got the notice from my friend advocate i replied that any sec they applied on me are not valid after that tey didnt reply me anything after 1 and a half year i was informed that the court has inssued warrent on me i have 5 days left to take bell
plz advice me....... i have copy of bank letter on which i mentioned about the lost chq and req for stpping the payment
joyce
(Expert) 05 December 2009
Well, you have communicated the bank offical about the stop payment when the cheque book is lost. So that is the proof you got. hope you have given the letter stating for stop payment,did u take the photo copy or received copy of the same frm bank manager, if not take it date must be the same day u gave the latter to the bank. secondly, did u give any compliant for such theft u doubt, or did u gave a paper publication of this fact, if u would have done this all would have worked as ur defense documents n evidencs. Any way stop-payment letter will also help issue legal notice to the person contending his fraud committed on u. Contact good lawyer to deal with the case.
Raj Kumar Makkad
(Expert) 05 December 2009
File a FIR against your so-called "Friend" for the commission of the offences 379/411/420/467/468/471 IPC as seem committed by him in the given case and this is the best remedy available with you apart from defending your own case vigorously as advised by all other experts.
Piyush
(Querist) 05 December 2009
