MANOJ SANKHE (student) 23 February 2012

Missuse blank cheque u/s 138

HALLO I M MANOJ

I HAVE TAKEN A LOAN FROM A URBAN CO OP BANK.

THE BANK SANCTIONED 2 LAKH RS FOR VEHICLE LOAN AGAINST IT VALUATION.

BUT ACTUAL WAS COST A RS 2,60,000.

SO BANK ANCTIONED HOME REPAIR LOAN OF RS 60000

AND TOTAL 2,60,000 RS BANK PAID DIRECT TO THE PARTY BY DD.

LOAN TENURE WAS 60 MONTH OF EACH LOAN.

BANK TOOK 60+60 CHEQUE FROM ME FOR REPAYMENT.

ALL CHEQUES WAS ONLY SIGNED AND OTHER PORTION WAS BLANK.

CHEQUES ARE FROM SAME BRANCH AND BANK.

NOW BANK PRODUCED THAT CHEQUES FOR REPAYMENT AND BOUNCING.

AND FILLING CASES U/S 138, 420.

NOW I HAVE PROVED TO THE JMFC AND I ACCQITTED

AFTER THEN I PAID ALL RS 3,10,000/- UNDER OTS.

THEN BANK GIVEN ME TO TERMINATE LOAN NOTEFROM RC BOOK.

AGAIN AFTER 2 YEARS BANK FILLED A CASE IN SAME MANNER.

BANK AWLAYS SAYS THAT CHEQUES ARE GIVEN IN WRITING BY ME. PLEASE HELP

Reply Follow

2 Replies

Dalip Kumar Chhabra (Advocate) 11 March 2012

fight the case . Take leave to contest u/s 145 (2) , cross examine the complainant and led your defense by way of application u/s 91 Cr.P.C. , 73 Evidence Act and by producing expert witness after getting the signatures on cheques tallied from him and obtain his opinion. Rebut the presumpton and I am sure that u will win and than file case u/s 420, 461, 471, etc. of IPC against financer.

hope this would be useful for u

thanks

1 Like