MISUSE OF sEC 138 NA

dear all,

for private complaints you cannot invoke discharge provision of cr.p.c

can u quote some cases in acquital in cr p c 227

You have to go  far trial and forget of 420 and all that stuff , first try to come out of the case.

The basic questions will be 1) how the custody has gone to the complainant. 2) when you signed the cheque. 3) what you were doing till filing of case against you.

Valid points raised by JSDN.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Respected Sir,

There is a difference in filling the blank cheque and alteration in cheque. u/s 20 N I Act, filling the blank cheque is allowable, it is understood that implied authority is being given to fill the cheque.  And u/s 87 N I act , alteration is not allowable. If there is alteration in cheque, it may be punishable and the cheque is null and void with any alteration without the consent of drawer i.e. every alteration requires drawer's signature for authonticating the alteration.

It is nice to know that non legal persons are also giving studied inputs. However even for blank cheque the right to rebutt is there and unless it it proved absolutely that blank intrument was given by free will it will be illegal.