Mahabir (Manager) 27 May 2012

Need help false implicated u/s 138 ni act

I have an ancestral house in rajesthan. 25 years ago I had requested one local respectable person to take care of that property as I live more than 1000 kms distance. For convenience I had opened one joint bank account in local bank with myself & that local person as EOS. I used to sign the entire cheque book blank & gave to that person. Any rent recieved or amount sent by me used to be deposited in bank & that person used to withdraw required money (small amounts) using those cheque book. This arrangment continued for decade. The last signed cheque book was given sometime 20 years ago. Recently, that person developed vested interest in the property & started illegal construction without my knowledge & any permission from municipality. I got this information thru nebours & visited the spot. The information was correct & with help of local people, I appointed thru POA one another person, my next door nabour, as care taker. This made that person anguish & he misused my blank signed cheque & gave a cheque in favor of his own nephew for Rs.2.40 lac. His nephew claim to act as a contractor for that illegal construction & got the cheque dishonered. After exchange of notice from his nephew & reply from me, the nephew filed case u/s 138 NI Act in local court. It is in very preliminary stage. A need help guidance what might be the stand, pleading or chances ultimate result in this case. I shall be highly obliged of any suggersstion, guidance of references. Regard

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5 Replies

Kishtaiah (Advocate) 27 May 2012

dear Mahabir sir There is no other go than to fight out the case in the court. Engage agood lawer you will win the case by proving yr fact of the case.

yadagiri (LL.M) 28 May 2012

Dear Mahabir, u take defense that, u issued postdated cheque for the purpose of withdraw the rental amount & take steps to send the cheque to FSL (Forensic Lab) to determine the age of the hand writing of the cheque, as per ur version u gave balnk signed cheque last 20 years back, after FSL report the complaint automatically dismissed basing the report of the Forensic Lab.

yadagiri (LL.M) 28 May 2012

R Trivedi (advocate.dma@gmail.com) 28 May 2012

Generally cheque leaves of 20 years old are not entertained by Banks..

After CBS systems in the Bank, account numbers etc have also changed.

If you have the copy of dishonored cheuqe, please provide that along with the notice/plaint copy.

S Jadhav 98336 98330 (Jadhav & Associates) 29 May 2012

Banks nowadays do not entertain different handwriting on the same cheque. However, many people do not take the trouble to write their own cheques as they have other employees, hence banks cannot implement this rule otherwise there would be too many rejected cheques.

Using a blank cheque signed by someone without his permission is a crime. Hence, after the forensic tests you will be able to convince the Court that the cheque was not issued by you. Also there would be no documentation about any work carried out by the other party.

Also, as stated above, banks have changed their systems considerably in the past few years including MICR cheque introduction. Surely since the cheque under consideration has been given before MICR.

S Jadhav