Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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MAHESH BHARDWAJ   20 October 2017

Cheque lost

Sir i have lost my signed cheque somwhere in market. after lost my signed cheque i have lodge a fir in nearest police station and also stop payment of cheque by netbanking. but after some time i have received an leagle notice for paying 250000 rs to sender of the leagle notice. i have ignore it but after one month i have received court case sommons. now what will i do to not to pay this amount of this stolen cheque. my contact no - 9671504109



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 10 Replies

MAHESH BHARDWAJ   20 October 2017

Sir please reply me what sould i do

Shakir Naveed   20 October 2017

Get a good lawyer and defend urself in the court of law. Do not ignore the summons or u will end up paying if u ignore.

Nitish Banka (lawyer)     20 October 2017

You need to attend court hearing and lead a good defence for NI 138 case

Kishor Mehta (CEO)     21 October 2017

Sir, Please give complete and unabridged details, a genuinely lost cheque does not usually result into a legal notice or a lawsuit. Kishor Mehta

saravanan s (legal advisor)     21 October 2017

138 nia will hold only if he proves the legal liability that you possess over him to return that amount.so don't worry and attend the hearing.

MAHESH BHARDWAJ   22 October 2017

Sir the founder of cheque blame me that he has paid me 250000 rs as a friendly loan in order to return it with in 5/6 months and he said in legal notice that in after paying this amount mahesh has take me a cheque for a security of this amount. but sir i have not get him any cheque and not have any written latten of this type deal between us.

MAHESH BHARDWAJ   22 October 2017

Sir the founder of cheque blame me that he has paid me 250000 rs as a friendly loan in order to return it with in 5/6 months and he said in legal notice that in after paying this amount mahesh has take me a cheque for a security of this amount. but sir i have not get him any cheque and not have any written latten of this type deal between us.

surendra prakash agrawal (advocate)     22 October 2017

Your matter is suspecious having some pitfall, if not having all and every pit falls. You come out with truth as it is a matter related to criminal complaint u/s 138 NI Act where double the amount of instrument or 2 years imprisonment or both are punishable. An cleverness may put you in problems, if not compromised out of court. Thereafter the complainant should withdraw his cause of action and further proceedings. Times are not so innocent as you are narrationg with the reason, as to why a/c was not closed then and there just after of lost of cheque. Burden lies upon you to justify your menseria.    

Vikas Hedau (Advocate)     02 November 2017

complainent would have no reciept of payment, even he had not shown that amount given to you , just take advice of a lawyer who is good in cross examination.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     06 November 2017

What is the time gap between your FIR and date of the legal notice?  Your first FIR was against unknown persons. Now you go to the same police station and file another FIR for theft of the cheque leaf, against the person who has sent you legal notice. The court summons received by you is to be dealt with separately. You file copies of FIRs as evidence in your favour in the court. How did he says that he paid you Rs.2,50000/-. If he claims that he paid by cash, it is an offence under the Income Tax Act.


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