Stopped cheque
Querist :
Anonymous
(Querist) 06 November 2011
This query is : Resolved
dear sir.
my friend gave me 2 cheques for repayment of loan.when deposited these were bounced with stop payment.
i issued notice under s 138.he replied that cheques were lost 2 year back and i have stolen them.he denied loan also.
i have been cheated.he gave me blank signed old stopped cheques.he also moved to fir u/s 466,467,468,420,379 through court 156(3)against me.
he also took back from me the receipt of loan at time of hand over me cheques.i filed case u/s 138.
how to stop his prosecution action.
he is having only proof of bank statement of stop cheque order 2 years back and information given to bank by him for cheque misuse.no FIR of lost cheque.no news publication.can he succeed.
Arvind Sehdev
(Expert) 06 November 2011
Do you have any proof of giving him the payment ??
Or any loan agreement ???
Rajeev Kumar
(Expert) 06 November 2011
Do you have any proof of payment or loan agreement? Have you any proof that receipt of payment was taken back during the hand over of false cheque?
Rajeev Kumar
(Expert) 06 November 2011
Do you have any proof of payment or loan agreement? Have you any proof that receipt of payment was taken back during the hand over of false cheque?
adv. rajeev ( rajoo )
(Expert) 06 November 2011
Presumption can be drawn that cheques were issued to discharge the legally payable debt.
Kiran Kumar
(Expert) 06 November 2011
the things are required to be proved in your case, you can not seek immediate disposal of the matter or can not apply breaks upon the prosecution by a single action.
conclusively you will have to face the litigation to prove your part and disprove his part.
Shonee Kapoor
(Expert) 07 November 2011
1. It was foolish on your part to handover the receipt.
2. Now it is a matter of fact and evidence, as to how payment was given to him. If it was through an instrument, its record would aid you. If it was cash, you forget it and cut your losses.
3. In the case registered against you, the handwriting expert can have a role.
However, the FIR against you would be fought on its merits and hence nothing can be said w/o seeing the FIR.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
DEEPAK ASSOCIATES
(Expert) 07 November 2011
I agree with Mr Shonee Kapoor, further it is to be seen what has been written in the receipt whether it is simply receipt of loan back or the cheque nos have been mentioned in the receipt against the repayment.
It be clear also
