Complainant was to buy a home through a Broker(accused). He gave the Broker an advance cheque of Rs.10Lakhs. After few weeks the complainant talked to the accused and came on conclusion to return the amount back as the broker was unable to arrange a home for him. Later the Broker gave him 2 Signed Blank Cheques to keep it as security till he arranges the amount to be returned. Meanwhile after a week Complainant took the opportunity and posted the cheque for clearing in his name.
The Cheque got dishonoured with memo as Insufficient funds. Complainant proceeded with the Notice and further filed a FIR under 138 NI ACT.
Now what could be done in Defense?
Whether the liability for payment of Advance amount be considered as Consideration or any legally enforceable debt?
On what Grounds can the accused be acquitted?
Can the charges be dropped against him in someother way?
Thanks in Advance.
No FIR can be registered u/s 138 of the Negotiable Instruments Act, 1881.
How and why did the complainant issued cheque amounting to Rs. 10 Lakh without availability of a house (property) ???
Unbelievable fabricated story.
