PRAKASH (MANAGER) 22 February 2010
chaitanya khatri (lawyer) 23 February 2010
have u intimate to concern bank about lost my 4 cheque's with sign in 2006?
Kiran Kumar (Lawyer) 23 February 2010
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.
Ashok Yadav (Lawyer) 23 February 2010
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.
ad. creaminall (professional Advocate) 23 February 2010
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.
Gundlapallis (Advocate) 26 February 2010
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.
P.K.Haridasan (Advocate) 27 February 2010
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.