Fighting 138 - Need Advice

Since your wife's Bank is in Mumbai the case can be filed in Mumbai.  However as you have filed FIR/Police Complaint in Pune now you have to proceed with the case through police in Pune.  Proving of forgery is not difficult.   Since long time has passed since the cheque has bounced, no case can be filed now.  Time limit for case under 138 of Negotiable Instruments Act is 30 days from the date of demand notice plus fifteen days for payment time.  Still if she has filed the case in Hyderabad you have the defence of forgery and can proceed fast with forgery case in Pune.

I am surprised to know that accept you everyone is in contact of your sister in law about this . you must meet her once and tell her cleerly about results of false and forged proceedings in court . you are still within the time limits of  section 138 filings . you produce the complete facts in the notice on this site which you have recieved , you will be out of this problem surly , you be in touch with some good cheque bounce lawyer around you. 

Mr Yogesh Anand!

Thankyou so much for the prompt reply, i forgot to mention in my post that, my wife's bank is in pune and the cheque was bounced in the hyderabad branch. 

Thanks a ton again for the prompt reply

Mr Ashish Singla!

Thank you sir for the prompt reply,

We tried our best to get in touch, but failed :(

This act of my sister-in-law has created quite a deep scar in the family relation, as all of my wife's documents and stuff we lying with in mother in law's house, we still dont know what all things have been stolen, we would like to proceed with the filing of case as my sister in law and her husband are not at all reliable and can get back with something else in future.

Yes we are looking out for good lawyer in pune.

Thankyou once again :)

can anyone tell me how much time do i have to file a case of forgery against my sister-in-law ?

hi 1978 , 

Once cheque has been presented in bank and notice has been served upon you . Police will not suppose this incident as some thing forged with you , rather if it would have been possible than all the victims of cheque case must reached to police to say that we are being forged by complainant . you should ready to fight  the proceedings of cheque case . you can only defend your case with the help of good lawyer in this regard. I hope you will certainly be success.

Since most of your queries have been answered above. I would just like to advice you that let her (your wife's sister) file a case for Dishonour of Cheque u/s 138 of the Negotiable Instruments Act. Let her first present her case in front of the court and satisfy the court so to under which liability your wife was suppose to pay her money via cheque, let her satisfy the court regarding the delay in filing the complaint (Limitation Act). If she is not able to do so, her case will be dismissed without you being called for to put forth your defense. If somehow she is able to comvince the court and you are indeed summoned. Then too, you have a strong case and would be able to strike down her allegations.

The limitation for filing a complaint u/s 463 (Forgery) Indian Penal Code is 3 years.

Thank you Mr Prashant Ghai and Mr Ashish Singla for the valuable advice.

Here is the latest update, my wife's sister has not filed any case against my wife which was confirmed by the police and a close relative. 

We want to file a case of forgery against her, to file a forgery case do we need a copy of the forged cheque ?

The cheque is in my wife's sister's posession.

Thank you in advance

dear member

but your wife's sister can directly file a private complaint without going to the police.

have you received any summons from any court to this effect? is the period of limitation over? if it is over, you do not have cause to worry.

since this is a family issue, i would humbly suggest that you both meet with the sister in law and try to convince her.

how can the bank dishonour the cheque if there is forged signature? take him for task. complain about them.

thanks

yours

v.lakshminarayanan

palani