u/s 138 NI Act

Sir u need to provide with the details of facts as in like the exact time durations.Sec 138 NI Act has got certain limitations as to time period.  U may refer to K. Bhaskaran v. S V Balan (MANU/SC/0625/1999)

Till date the recent judgement i by Delhi HC in MAHIKA ENTERPRISES v. STATE(NCT of Delhi).

M sure one will definately favours your case.

cross is important , even case can be demolished in cross of banks since they make many mistakes.

Dear Sir,

If accused has not signed the cheq & complainant herself then this is not valid negotiable instrument. In that case Sec.138 will not apply. On the contrary accused can file cross complaint of impersonation & forgery.

The reason mentioned on dishonour needs to be seen on instrument as it will not be insufficent of funds but signature difference.  I think your case is not weak you need not bother.

Thanks!

Adv. Anil K. Ranade

first of all you have to file petiton before court to send the signature on the cheque with admitted signature of your client to handwriting expert and establish that the signature on the cheque did not belongs to your client and it is forged signature and the complainant is liable for punishment. you can also take stand that the cheque was not at all issued by ur client on the alleged date by producing counterfoils of cheque book of your client or you can establish that the cheque series, which the complainant fabricated was used long back 2004 or 2005 but not in the year 2007 this is another ground  i think your client is having good case  

Case of accused is weak. Had the accused reported something like the cheque was lost/misplaced/stolen?

It's te duty of the accused to keep the cheque...He can't say he gave a blank cheque ....it's not a leaflet to distribute.

Who signed it? this is the question.

Don't expect complainant to admit in court that complainant signed on cheque book of accused!!!

Complaint got the cheque fom accused , complainant deposited it in the bank . it got bounced.

Of course there are many loop hole which all defaulters are taking benefits from (limitation, signature mismatch, bank's record as 'mismatch of signature' , insufficient funds in a/c etc.)

Not week case sir, just contest properly and you can win hands down.

1) concentrate on legal liability so for that ask for records before cross of complaint.

2) Bank cross is most most important, do your home work and call them again.

3) Do some research on the fiancial backgound of the complainant and if there is history of filing siminal cases by them.

 THERE ARE SO MANY SUCH METHODS BY WHICH ANY ACCUSED CAN EASILY COME OUT OF ANY ni 138 CASE.