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NPKailaasam (ADVOCATE & Management Consultant)     21 December 2015

138 ni act

SIR,

             IN A CHEQUE CASE, ACCUSED DENIED THE SIGNATURE AND ISSUENCE OF CHEQUE,CHEQUE STOLEN BY COMPLAINANT,BANK ENDORSMENT AS "ACCOUNT DORMANT",THE BANKER CLOSED THE ACCOUNT WITHOUT INTIMATION TO THE ACCUSED,WHETHER 138 NI ACT APPLIES,ANY ACCUSED FAVOUR CITATION.

 



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 5 Replies

siddhartha sinha   21 December 2015

Assuming you are the complainant in this matter. If the account was dormant and defendant knew this yet issued cheque then138 applies. The bank can help in this. Usually customers cannot be expected to know when account turns dormant. Bank should have informed. Banks can never close accounts without notice.(Dormant means not closed but temporarily suspended). If cheque was stolen then he could have filed gd/fir and instructed bank for stop cheque. Even if he didnt do all these then too he can claim it was stolen. Burden to prove this is on him.To file 138 case you need to prove existence of debt and also serve notice within specified time period. Else it can be barred by limitation.

NPKailaasam (ADVOCATE & Management Consultant)     22 December 2015

SIR, I am for accused side,Now the stage of case is for DW's and the complainant not filed his bank cheque return memo,The cheque return with "ACCOUNT DORMANT", The acused stand in cross of complainant is it is stolen cheque and signature not admitted ,can we go for Signature verification for expert opinion.Any citations for account dormant by bank without the knowledge of accused.

NPKailaasam (ADVOCATE & Management Consultant)     22 December 2015

SIR, I am for accused side,Now the stage of case is for DW's and the complainant not filed his bank cheque return memo,The cheque return with "ACCOUNT DORMANT", The acused stand in cross of complainant is it is stolen cheque and signature not admitted ,can we go for Signature verification for expert opinion.Any citations for account dormant by bank without the knowledge of accused.

siddhartha sinha   22 December 2015

Kindly clarify the circumstances in which cheque stolen. What evidences are you having?

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     22 December 2015

Defense advocates do not do proper home work and loose easiest of easy cases.

 

All defense advocates must read the current citations before taking the brief.

 

Now in your case stolen cheque theory is rejected by all court till SC.The reasioning is simple that why signed cheque was kept. How only the particular cheque was stolen.And how the thief knew where the cheque was kept.  And a thief will never put his neck out to go to court with a stolen cheque. He or she will either encash it and if no money will simply throw it if at all it was stolen.

 

So now you should make efforts to show that there was no legal liability.


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