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Meenakshi (Lawyer)     05 April 2010

Help-Flase cheque case

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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 16 Replies

Suryanarayana Tangirala (Advocate)     05 April 2010

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

Kiran Kumar (Lawyer)     05 April 2010

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.

Dharmesh Manjeshwar (Advocate/Lawyer)     05 April 2010

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 ....

Vinod kashyap (Advocate & Legal advisor)     05 April 2010

U should go for quash the complaint

Meenakshi (Lawyer)     05 April 2010

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.

Meenakshi (Lawyer)     05 April 2010

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 


(Guest)

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

1 Like

(Guest)

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

vijay (lawyer)     06 April 2010

has the that person issued any legal notice ........ to ur client.....?.

Vinod kashyap (Advocate & Legal advisor)     06 April 2010

U'll refere draft attached herewith.


Attached File : 38 38 draft defamation case.doc downloaded: 111 times

(Guest)

Your query gives any person impression that you personally got into the trouble. Please use restraint language in responding to comments of our friends. They are spending their time, energy and using their brains just for your sake and with good intention to suggest legal solutions to the querist. Being a lawyer, you should love the society, Mr.Suryanarayana and Mr.Dharmesh are not your college friends. If you don't find their comments suitable, just leave them. Your curt reply is certainly a shock to all of us. Because being advocates, we don't want any advocate to become a victim. With that concern only, Mr.Suryanarayana and Mr.Dharmesh have pitied you. Now I pity you for a difference.

Dharmesh Manjeshwar (Advocate/Lawyer)     06 April 2010

I appreciate the concern shown by you ..... Mr. Gurunarayana Rao ....

Someone had to do this ....

Jatin Sapra 9312223345,Delhi (Advocate)     06 April 2010

Hi,

Mr Rao replied you in perfect manner and word.As far as your case is concern there  are no. of cases klike this .

I think you have to move an application before the magistrate concern for discharging your client  and further you can move an application under section 340 Cr.P.C against the complainant.

Jithendra.H.J (Lawyer)     06 April 2010

need not to worry file discharge applicaiton as stated by jatin


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