cpc

cheque misplace


dear all advocates, i am a lecturer, i have lost my 4 cheque's with sign in 2006 after that some use this cheque in 2009 and present in my account which is already inoperative but bank return that cheque for reason insufficient fund i sure that cheques is not given by mine and some one threat me for that cheque they make file 138 so can i file FIR in police station against him or what ? please give me suggestion its verry horable for me prakash
 
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have u intimate to concern bank about lost my 4 cheque's with sign in 2006? 

 

 


 
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Lawyer

dear Prakash,

 

did u inform the bank about such loss?

 

any FIR or DDR in this context with police?

 

whether the account was closed or inoperative?  If it was closed then how the bank gave report of insufficient funds?

 

any financial transaction with the person who presented the cheques?

 

serial no.s and dates (if any) will be relevant factors.

 

u may approach police and try to get FIR registered but keep in mind merely registration of FIR will not protect your interest....the police may cancel the FIR if they find no substance in your allegations.

 
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Lawyer

I am agree with Mr. Kiran

But you will have to check who is that person, he can file a complaint of sec 138 only if you have taken a legally recoverable loan  from him. If that person person is not known for you and you have no money transactions with him it will be difficult for him to prove the recoverable debt.

 
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professional Advocate

i agree with ashok kumar. The said person might knows you other wise how he send the statutory notice? have you replied to the said notice? if not then reply immediately and file FIR against the said person if he has misused the cheques.

 
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Advocate

You should have informed your bank way back in 2006 itself ie., when you lost those cheques and further should have filed a Police complaint then itself.  Since you have not done that do that atleast now to protect yourself from falling prey to a fraud.  Give a police complaint on the fraudster.  Let police investigate and make a report.  That will be helpful to you incase a 138 is filed against you.  Or atleast you will get protected from the fraudster from using the other 3 leafs. 

 
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Advocate

Dear Prakash.

Cheque is a very important instrument. First of all one should not have kept signed cheques.Secondly you should not have waited for years to think about your lost cheques.  Lawyers can help  only if the litigants  are alert.  So much so in gerneral.

Do not wait  further to  lodge a complaint with police to register  .First Information Report.  Send your reply through a good lawyer. Deny the allegations fully. Stating  your case correctly. Follow up with the police. Do not wait for the police to take their own time. Speed it up. If your  cheques are not supported by  transactions  between  you and  the present holder, with these steps it would be difficult for him to win against you. Be vigilant? Take action in time.

 

 

 
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