Upgrad LLM

help-flase cheque case

Lawyer

Somebody filed a false complaint against me saying i issued a cheque which was dishonored due to "payment stopped by drawer"...Coincidentally i have an account in the same bank but the account this man is talkin about is not mine..........False Cheque.....What can i do?

 
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Issue a legal notice giving full facts to the complainant  explaining the correct position and advising him not to prosecute you and you will take action against him for malicious prosecution, if he files complaint case before the magistrate.  If he files case before MM and you receive summons, on the first date of hearing file an application along with with documentry evidence proving that the account does not belong to you and quashing of summons and proceedings.  If MM does not pass order in those lines, invoke S.482 cr.p.c. in High Court.  At each and every stage, please do not forget to ask for costs of the litigation. 

 
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Madam,u worried of false case being a Lawyer ???
 

 
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Lawyer

u r a lawyer, why r u so worried.

 

facts, as stated by you, speak in your favour.

 

if the circumstances demand then you can go in for quashing, otherwise during trial the complainant will have to prove legal liability against you..........if there was some legal liability only then you could have issued cheque.

 

compare the cheque nos., account nos., signature etc.....though certain things you will be able to compare during trial only with the permission of court.

 

if the complainant has filed a false complaint then you have remedy to prosecute him for malacious prosecution etc.

 

and do talk to your bank authorities, if someone has got issued another cheque book from your account under false identity, it could be the complainant himself who got issued the cheque book.....if some lapse is there on the part of bank authorities then they can also be prosecuted under relevant provisions.

 
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Advocate/Lawyer

What our colleagues have mentioned is right .... If U being a lawyer are terrified on this issue ... How will U be able to help Ur clients ????

U fail to mention whether someone has filed police  complaint or has filed 138 N.I  Act complaint in MM court ...

If this seems to be police complaint ... then it is useless .... If there is 138 complaint filed against U in MM court ... then U would have received the mandatory notice before .... U had opportunity to reply to the notice ststing ur grounds ... If U have done so .... It will certaily be helpful during the trial .... Moreover U say the Account from which cheque has been issued does not belong to U ... the Bank authorities will get the records .... so there is nothing to fear .... U have ample grounds .... But u have have to bide by the time .... cause ur grounds of defence would be proved only at trial ....

 
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Advocate & Legal advisor

U should go for quash the complaint

 
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Lawyer

I m not the one against whom the complaint is filed.

its just for a clearercommunication i used my name.

The case which is come to me with less merits .

And suryanarayan and dharmesh- I needed more clarity not your stupid and foolish comments. Lawyers can have times of difficulties as well.

 
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Lawyer

Dear Kiran Kumar and Dharmesh,

Legal notice  sent in oct 2009 and complaint is filed u/s 138 in december 2009.,summons received feb 2009 No libaility at all can be proved.

And the account No is not my  client`s at all. Coincidentally he has an account in the same bank but the account and signature both are not his..........

My question is what charges under IPC can be used while drafting the complaint....Its too late for F.I.R 

 
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LAWYER-ADVOCATE

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.9271971251,9960223100

REGARDING THE FALSE COMPLAINT UNDER SECTION 138 OF N.I.ACT AND OTHER PROVISIONS KINDLY NOTE  THAT.

1.AS THE CHEQUE NO.AND SIGNATURE AND ACCOUNT HOLDERS NAME  WILL DIFFER BANK WILL RETURN THE CHEQUE WITH REMARK ON BANK MEMO ACCORDINGLY.

2.IN GIVEN CASE BANK REMARK IS OF STOP PAYMENT BY DRAWER.

3.HENCE EVEN IF CASE IS ALREADY FILED IN THE COURT , YOU CAN DEFEND THE CASE STRONGLY BY FILING DISCHARGE APPLICATION IN THE SAID COURT AND SUBMITING THE ACTUAL DETAILS ABOUT YOUR CLIENT AND HIS BANK ACCOUNT AND CHEQUE BOOK HE IS HOLDING AND YOU MAY EXAMINE THE BANK OFFICER IN SUPPORT OF YOUR APPLICATION.OR SUBMIT LETTER RECEIVED FROM YOUR BANK.

4 YOU MAY FILE A WRIT PETITION TO THE HIGH COURT HAVING AREA JURISDICTION UNDER SECTION 482 OF CRIMINAL PROCEDURE AND PRAY FOR QUASHING THE COMPLAINT AND PROCESS ISSUED UNDER SECTION 138 OF N.I.ACT BY THE LOWER COURT BY CALLING RECORDS AND PROCEEDINGS OF THE SAID COURT OR BY STAYING THE SAID CASE TILL FINAL HEARING OF THE WRIT PETITION.

5 BUT KINDLY NOTE THAT AS SUMMONS IS ALREADY RECEIVED BY YOUR CLIENT YOU HAVE TO APPEAR WITH YOUR CLIENT AND HIS SURETY IN THE SAID COURT FIRST ON GIVEN DATE ON THE SUMMONS AND INITIALLY GET THE BAIL SANCTIONED  FIRST.THEN YOU MAY FOLLOW THE ABOVEMENTIONED PROCEDURE.PLEASE NOTE.

IN CASE YOU NEED ANY FURTHER HELP YOU MAY WRITE AND SEND DETAILS OR CALL.

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE


Total likes : 1 times

 
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LAWYER-ADVOCATE

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.9271971251, 9960223100,

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

1.YOU MAY FILE A CRIMINAL COMPLAINT IN THE CHIEF JUDICIAL / MATROPOLITAN MAGISTRATES COURT UNDER SECTIONS 500,501 AND ALSO SECTION 383,384 OF INDIAN PENAL CODE FOR DEFAMATION  AND FOR EXTORTION OF MONEY FROM  YOUR CLIENT AND PRAY FOR PUNISHMENT OF THE SAID COMPLAINENT WHO HAD FILED FALSE COMPLAINT AGAINST YOUR CLIENT.YOU HAVE TO ENCLOSE THE COPY OF SAID COMPLAINT UNDER SEC.138 OF NEGOTIABLE INSTRUMENTS ACT,AND COPY OF WP FOR QUASHING THE SAID COMPLAINT AND ALSO COPY OF PASSBOOK AND LETTER FROM THE BANK OFFICER OF YOUR CLIENTS BANK.YOU MAY APPLY TO THE BANK , COPY OF CHEQUE ENCLOSED BY THE COMPLAINENT U/S 138 OF N.I.ACT.

2.YOU MAY ALSO FILE A CIVIL SUIT FOR DEFAMATION ENCLOSING ALL ABOVE MENTIONED DOCUMENTS AND CLAIM FOR COMPENSATION FOR DEFAMATION AND COST AND COMPENSATION FOR MENTAL TORTURE ,DEFAMATION AND HARASSMENT AND FOR LEGAL AND OTHER EXPENSES.

IN CASE ANY FURTHER HELP IS REQUIRED YOU MAY SEND COPY OF SAID FALSE COMPLAINT AND WILL DEFINETELY HELP YOU . GOOD LUCK.

KINDLY NOTE THAT THERE IS NOTHING WRONG IN EXCHANGING VIEWS BY LEGAL EXPERTS  ,WE ARE MEMBERS OF SAME FORUM AND SHOULD HELP EACH OTHER. BEST OF LUCK.

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

 
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