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Rajeev (Service)     01 January 2011

Blank Cheque need sugession

Hi,I got a notice of 138 from my freind who misuses my blank cheque .

I need suggession from you for my defence

Here is my story.

Two years back i given a blank cheque & a 20 rs stamp to my freind for some personal loan purpose(for my son's emergency medical treatment).He promised me to give me loan from his brother who is money lender but he was not pay me any amount.I an Government Servent and he is trying to blackmail me though this case. As per his complaint that i have started a construction business and get contract at jaigad & i have purchased a material ( steel & cement) from his shop of Rs. 2500000/-  and given that cheque against the payment.I have not started any business and not get any contract and do not go to his shop to purchase the material.Through this fraud complaint He is tryiing to recover the loss of his business in Income tax raid. He also lossed in business started with my another freind who is partner in his business and he also made same kind of complaint against that freind for Rs. 9.5 lakhs in same court who also dosen't have any kind of transaction regards to the complaint, he was also given a blank cheque two years back for PL purpose.

I also wanted to know whether it is possible to prove that sign on the given blank cheque was actually signed two years back  by forensic experts method.Please let me know the datails way about this.

 So I need your help to defence me in the court.

Bhosale Rajeev 9371320155
 



Learning

 14 Replies

Asha Pole (Legal)     01 January 2011

Kindly give the instruction to the bank with the cheque details to dishonour the same incase if it is presented for payment stating that you have misplaced the cheque somehow. 

Advocate Vikas Sahu (n/a)     02 January 2011

any supreme jugment in support of this problem that to call i.t. record of complainant.


(Guest)

contact a lawyer he will guide and issue a reply notice and take steps on your instructions

N.K.Assumi (Advocate)     02 January 2011

You may refer rto the case of Kamla S vs Vidyadharan M.J. & Another as reported in 2007 (003)-SCALE-0235-SC. or the case of ICDS Ltd vs Beena Shabeer and another 2002-(005)-SCALE-0541-SC regarding the significance of the words "where any cheque'

NOTTAM VENKATASAMY (Director Nottam Law Associates)     02 January 2011

MR.SKJ'S REPLY IS VERY MUCH FAVOUR TO YOU ,YOU CAN FOLLOW SUCH RULES TO WIN OTHERWISE YOU WILL DEFEAT SO I ALSO COOPERATE WITH HIS SUGGESTIONS.

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     02 January 2011

Fight in the court and you will win.

Deepak Arya (Officer)     02 January 2011

Dear Rajeev,

             Don't worry, I presume, you are summoned by Court.

1. A Cheque bounce case pertains to Sec. 138 of Negotiable Instruments Act 1881. (go through the section, plain reading is enough)

2. Sec. 138 is applicable only to legal debts. It means one must owe a debt to recover on cheque bounce under sec. 138. read the explanation of Sec. 138 and application in Act.

3. Make an appearance in Court along with a bail and bond for appearance. Just tell the Court that you don't owe anything and the opposite party will have to prove that you owed a legal debt else tha case fails or goes for trial (will be quashed even there).

YOU ARE PERFECTLY SAFE.

 

 

 

  

SACHIN AGARWAL (ADVOCATE)     10 January 2011

During trial you can prove that there was no debt at all and he did not supply any goods to you. He cannot show the supply of goods to you.

chintamani sangamnerkar (advocate)     15 January 2011

Mr. Rajesh,

U first file FIR in police, get a copy of FIR  Mention the details as to how & why under  emergency u had given the blank cheque 3 years ago & duly signed blank Stamp Paper of Rs.20/- to ur friend. Attach a copy of Discharge certificate of ur son to show emergency of a small amount of loan which he did not give & on the other hand now he has started harassing u. A Govt . servant is required to obtain permission of Govt. before taking such a huge loan since u happen to be a Govt. servant. If police refuses to note FIR contact Madam Kiran Bedi Retd. IPS & retited  IG Police Delhi. Search her Web Sight for filing FIR.& rest she will do.

CGSANGAMNERKAR (M-09785018961) 

Manish (Manager)     17 January 2011

Respected Sir,

My Name is Manish and I need your kind advice. I have gone through your forum on the internet regarding the implication and conviction rules of Section 138 of the Indian Penal Code. I am also a victim of the same and being convicted recently of section 138. Actually I was working for a private company since 2001 May till 2010 July. These people send representatives to overseas countries to represent them as they are manufacturers and Merchant Exporters. I stayed abroad for 8 yrs approximately and in 2004 they demanded blank cheques, one of my father signed and one of me and my father joint account. Now these cheques were as guarantee so they can send me abroad. We had to sign the cheques and insert no amount nor any date on them. After I decided to leave the company on non-payment of my 2 yrs salary, which I have no proof as it was in cash, I decided to leave the company for good. Since they have no one now outside working for them and its difficult for them to fill my void, also I moved in to one of their competitors, they decided to trap me and my father with these cheques. They have said in their notices to my father and me separately that we have taken a friendly loan of 2 lacs and 5 lacs respectively and that we should arrange funds for payments as the cheques were returned to them when presented to the bank becos of insufficient funds. Failing which would enforce them to take legal action against us. The notices were being issued through their legal practioner. Now here I would like to point out something that if they have presented the cheques to the bank, those must have been filled up either by hand or by typing-machine. In either cases since the cheques were not being filled up by me and my father, what are the possibilities to gain ground on these forced allegations upon us. I have also consulted a good lawyer but I want to know what all can be done to negate the allegation. Can a forensic report of the cheques be demanded to ensure that the hand-writings on it were not ours and can that help or what can you suggest so we can move about with it smoothly. I am ready to fight and don't want to compromise on any grounds regarding the same. I don't have enough money to fulfill their false allegation and compromise for my peace of mind. I would like to know what can be the possible outcome of the case and what can be our strong points.

Best Regards

Bhushan K. Vachharajanli (Advocate)     24 January 2011

I have gone thru your case. There are now numbers of judgements on the technicle point that if the cheque was given for security purpose , then it does not cover under sec.138 , moreover, if the cheque is not written by the signatory , even signatory has not written the date then also , it attacts that the cheque is given for security purpose. Therefore, you may go on this line. I hope you will succeed.

Bhushan K. Vachharajani

Advocate.

A.VIVEK ADVOCATE (ADVOCATE)     11 March 2011

please get personal advice from your advocate

Alapati Prasad (Engineer-Business-Lawyer)     28 August 2011

Ad Bhushan, please give the case laws : signatory not written the content/ date  on cheque was treated as cheque given for security

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     29 August 2011

No case laws needed even by expert cross you can demolish the case. I will give you a very simple example below :-

 

Certain examples of how your advocate takes cross which goes against you and results in loosing the case, which would have been won easily.

1)   Your advocate ask in the cross to the complainant that does he maintain accounts- the intention is to show to the court that he does not maintain account and the liability is not existence/real.

 

Now the reply is most cases will be YES, even though no accounts are there . So unwittingly your advocate has brought on record that the complainant is maintaining accounts.

 

To cover this lapse even though the advocate do not understand what  HARAKARI / suicide  he has made of his case ; he will ask through court for submission of accounts. Few dates will pass , no accounts will be submitted . If the matter is pressed the court will say adverse inference will be drawn. But this is a vague term and every body forgets it in further happening  of the case so no adverse inference is drawn.

 

WHAT SHOULD HAVE BEEN DONE- Your advocate should have asked  “ whether you have produced any accounts “ , which he will say a big NO. However without exception court generally discourage such questions on the plea that since accounts are not there so court will take note. No , you should not be influenced and insist for the question. And once it comes on record basic foundation of the complainant case is broken.

 

2)   Similarly there was lot of discussion about unstamped slips of the bank and thereafter deposition of bank officer which went against the accused.

 

Here again once the legal requirements of the bank slips are not taken care by the complainant that the same should be stamped, no further evidence to support them must be allowed by the accused. By allowing further evidence of bank person you have given acceptance and validity of otherwise invalid evidence.

 

There are numerous such examples where the advocates of the accused miss opportunities and than blame this and that.

 

Any NI 138 case can be won easily by the accused even by proper cross examination.


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