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roshan (business)     11 December 2008

n i act

sir, a chq was taken under coercion, but unfortunetly the magistrate was not satisfied, another fact of the case was, this was a partnership firm consisting 5 partners, chq was signed by 2 partners by giving life threat, only these 2 partner were prosecuted in their individual capacity and not as partners of the said firm. but the chq was of partnership firm and not individual account.  even firm was not made party to the complaint. 2 partners  convicted, now the case is still pending in district court in appeal, can anyone lend me with some case laws or any other help ?

thx in advance


 6 Replies

anonymus (confidential)     12 December 2008

hello sir, If really the cheques were issued under coersion and life threat, what prevented them from filing a police complaint. since the conduct of the accused is to be counted, this defence will not work.

Srinivas.B.S.S.T ( Advocate)     12 December 2008

 Rightly said by Mehbub Sir, the immediate conduct of the person clearly describes that validity of the plea taken by him. As rightly pointed out what stopped them from issuing a police complaint and a letter to the banker not to honour the cheque as the same is obtained under force and coersion. In the light of absence of these acts the defense taken by you cannot be proved before the court. 

roshan (business)     12 December 2008

immediately a letter to the bank was given for stop payment, but unfortunately a police complaint was not given because there after so many calls came saying that if police complaint is made then he would not keepthem alive.

one more thing i forgot to disclose, the complainant stands as a guarantor. the complainant filed the case stating that he brought the money from "x" party and gave it to the accused firm, for this transaction he stands as a guarantor. now whether the complainant who satnds as a guarantor can enforce the cheque????

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     13 December 2008

First of all even now a police complaint can be made and if the police does not act ; a private criminal case can be filed against the holder of cheque.

And if you have a bold advocate who will not budge against pressure then you can also file a prejury case under section 340 of the Criminal  procedure code against the holder of the cheque,. even in the apeal case which is pending as you say and go to the High Court in writ juridiction if the procedings are not initiated for perjury in lower court.

The Court will certainly seek say in perjury case from opponent and in all probability you will get admissions from the holder of the cheque in reply which will help you to fight the pending appeal.

My expereince is that in such cases the advocates of the opponent do not give much time to study such cross applications and the compainant is always over confident and if you are vigilant and take your steps properly the fate of the the case can be changed. Good luck.



Sudhir Kumar, Advocate (Advocate)     02 December 2011

Facts given by you are confusing.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 December 2011

And your post is also further confusing.


Despite repeated requests you try to resurrect the dead topics.


There should be a mechanism to stop this.



Shonee Kapoor

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