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