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1978mumbai (acd)     28 August 2012

Fighting 138 - Need Advice

Greetings respected lawyers!


On 10th of July my wife (we live in mumbai) recieved a demand notice by her sister (who lives in hyderbad) demanding money Rs75000 against a cheque which was bounced, this surprised my wife as she had never ever given any cheque to her, neither she owed any money to her, she then checked her cheque book in which she found one cheque leaf was torn, she immediatedly called the bank manager confirming about the cheque, the manager said a cheque was bounced.


In the month of feb my wife and her sister were in pune in their mom's place as both were expecting their first child, all of my wife's document/cheque book  were in pune.


Suspecting my wife's sister stole the cheque in feb from her mom's house, we went to the police (Pune) and registered a complaint, and we also replied to the demand notice stating to explain what kind of financial liabilities did my wife had towards her sister as she did not mention any liabilities in the demand notice, we also mentioned in the reply notice that we have registered a complaint against her in the police station, there was no reply from her.

In early august the police officer called me, i explained him the entire story to which he said he will send a letter to my wife's sister demanding her written statement about the complaint.


There was no reply from my wife's sister for a long time, until the past week some common relatives have been calling and asking us to take the case back (which we have'nt filed yet), also  my wife's sister has been lying to the relatives about a case withdrawal letter/ email which she have alreay sent, we/ our lawyer has not recieved any such letter/ mail, she has not even replied to the letter the police sent her.


I need advice on the following things. We do not know whether my wife's sister has file a case on my wife or not.

1 - we want to file case against her, how much time do i have to file the case ? and can i file it in mumbai?

2 - the cheque was forged with signature/ date and name, how difficult it is to prove the signature was forged?


Other advices most welcome

Thanks in advance


 9 Replies

Yogesh Anand (Head- Legal AVP)     28 August 2012

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.

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     28 August 2012

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. 

1978mumbai (acd)     28 August 2012

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

1978mumbai (acd)     28 August 2012

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 :)

1978mumbai (acd)     30 August 2012

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

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     30 August 2012

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.

Prashant Ghai (Advocate) (     30 August 2012

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.

1978mumbai (acd)     01 September 2012

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

v.lakshminarayanan (prop)     30 September 2012

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.





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