Sunil (Manager) 23 November 2010
If the stolen cheques (forged nevertheless) bounced for insufficient funds and the complainant came to know of this through a memo from the bank dated 7th July (as per notice), by when should the legal notice sent to me, be dated (date on the notice) to be valid legally. I am just trying to see that in addition to charges of stealing & forgery, can the case just be thrown out on a technicality.
Raj Kumar Makkad (Adv P & H High Court Chandigarh) 23 November 2010
ashish lal (Advocacy) 07 December 2010
agree
Sunil (Manager) 07 December 2010
The legal notice was indeed sent within 30 days of the cheque bouncing for insufficient funds. So now, I have to concentrate on the merits of the case which are very strong owing to the facts that the chequebook was more than 5 years old, taken without authorization from me and without my knowledge (virtually a theft case and misappropriation of my property), all the entries in it like payee name, date, amount etc: were just filled in without my knowledge/authorization (case for 420), there is no basis/reason for the fictitious friendly loan claimed by the complainant (complainant never had any income, living off his father's wealth). I have replied to the legal notice and filed a police complaint. Now waiting to see if a 138 case is filed against me, which I will vigorously defend tooth and nail with the facts versus fiction of the complainant. Kindly post any links to judgments which will help my case.
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