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Suresh Naik (xxx)     07 September 2011

False cheque bounce case

Hi,

I am victim of bunch of dowry cases. When me and my wife are together, i have issued a cheque with the name of her father for Rs. 89,000/- for some personnel emergency and i have not mentioned the date on that cheque. But they are not used the cheque at that time. And also i have taken signature of my wife’s on Cheque book for 89,000/- on June 2009.

After getting separated she files 498a cases on me and then she also stolen some of the Signed blank cheques from my house.

Now she is deposited those cheque in favor of one of His father colleague and they(UNKNOWN PERSON) have sent a notice to me saying i have taken the Hand loan Rs. 10,00,000/- (Ten Lacks) from him for 2/- Interest for sake of repayment i have issued  the 2 cheques one is for 9,89,000/-(Nine lakhs eighty nine Thousand) and another is 50,000/-(Fifty Thousand).

But the Fact is the person who is sent the notice is Stranger to me i am not even heard his name.

And they have altered the cheque 89,000/- to 9,89,000/-  and also they also changed the name in same cheque.

How they have done this alteration on this cheque? i am suspecting that one of my wife’s uncle is working AP POLICE forensic department. With the help of him they might have done this alteration.

And also i have received court summons for NI act recently.

Could you please someone suggest me for further proceedings.



Learning

 8 Replies

akash kapoor (*************)     07 September 2011

SEE, THE ONUS OF PROVING THAT THE CHEQUES WERE ISSUED WITHOUT A PROPER CONSIDERATION IS ON YOU. IF YOU CAN POVE THAT THESE ARE OF NO VALUE AS THE PERSON RECIEVING THIS IS NOT A HOLDER IN DUE COURSE.

Suresh Naik (xxx)     07 September 2011

CAN SOME ONE PLEASE SUGGEST, HOW CAN I PROCEED FUFRTHER ON THE ISSUE.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     07 September 2011

Let them file the case appear in the court . It is easy to win NI 138 case since they make lot of mistakes.

subhash kulkarni (put in more than 40 years practice)     08 September 2011

If what you Mr.suresh are narrating regarding stealing of cheque and after manipulating and alterting the same if

the same were used firstly you should lodge a complaint at the nearese police station giving more details that what you have now furnished. Have you replied the notice? if not why not? if yes, did you state the facts now you are stating . When you came to know your wife has taken the blank signed (stolen them) why you are required to keep blank signed cheques having easy excess ?

Regarding alterations in amount and name the same can always be forwarded to the state examiner of questioned documents  at the state level or to Simla or Hyderabad which labs have modern and sophasticated means to detect the alterations. Please contact some good advocate who is familiar in handling cheque bouncing cases.

subhash kulkarni

Suresh Naik (xxx)     08 September 2011

Hi Subhash, Thanks for your reply. I have sent the reply notice to their advocate stating the cheques are stolen by my wife but I have not mentioned the Amount written matter and Name written matter in reply notice, because I was in confusion at that time. And also I have given stop payment request through net banking, so i don’t have any Acknowledgement from the banking for this request. and also i have lodged written complaint to CP, DCP, ACP and SHO stating the same matter which i have mentioned in Reply notice and also i have given paper publication about the same after receiving the demand Notice. Please suggest me the good advocate in Hyderabad handling this case If you knows.

Rajender Dahiya (Partner/Advocate)     08 September 2011

Contest the case properly and get yourself discharged as the actions you have already taken are sufficient to prove that cheques were not issued for discharge of any legal debt. RD +91 9560900283 

Suresh Naik (xxx)     12 September 2011

When i have observed the cheque which was manipulated clearly, The have added Number 9 in front of the Amount which i have written. Then Numbers two 9s are looking very different and also the amount written in numbers is having different hand writing anf words having different hand writing. And also the allegations which they have made in complaint it not at all possible with my current circumstances. And also the compliant has not signed on the complaint copies. So please someone please clarify the below doubts to me:

 1. The Amount in letters is having different hand writing and Words is different hand writing will this can be considered in NI act.

 2. The cheque was presented two times in the bank, but first times cheque was Returned Unpaid Due to Payment Stopped By drawer and second time  Payment Stopped By Drawer and Out of Date. But he has mentioned in the notice & Complaint that cheque was returned due to INSUFICIANT FUNDS.

 3. I am 100% Sure that i have written the Name and Amount in the Words also. Are there any options to remove the letters using any material (Chemicals). Because one My Wife's Uncle is working in Forensic department he might have helped them to achieve this.

 4. On complaint copy complainant has not signed anywhere. How it is possible to take the case  in the court without complainant signature.

 Please clarify the doubts.

Suresh Naik (xxx)     14 September 2011

Can u please some one answer above doubts...

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