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Curious Sam (Self)     03 June 2012

Relevant judgments in higher courts pertaining to fabricated

 

 Relevant Judgments in Higher Courts Pertaining to Fabricated 138 Cheque Bounce Cases

 I will appreciate any downloaded files/links to judgments of High Courts/Supreme Court that will be relevant in contesting/quashing a completely false 138 cheque bounce case.

Main elements of the false cheque bounce case are :

a) No proof of loan presented when complaint filed. Loan nothing but a hallucination of the complainant since no loan ever given.

b) My signature may have been traced to the extent of even fooling me. The closed bank account is so old that even I cannot remember if I signed or not on those leaves.  All entries on the cheque are not in my handwriting. What is sure that the complainant is in illegal possession of my very old chequebook.

c) I am sure the complainant can never justify such an amount in loan based on his income tax records.

 So, I am interested in reviewing judgments in cases which did not stand court scrutiny because either loan could not be proved/there was no legal debt or cheques were forged or at least not dated by drawer or the cheques were stolen property etc:



Learning

 5 Replies

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     03 June 2012

Once case is filed and process issued the accused has to contest the case.The accused will have ample opportunities to demolish the evidence of the complainant.

Curious Sam (Self)     05 June 2012

All for what. Just because the complainant decides to file a totally false case. 

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     05 June 2012

That you have to prove in trial. The basic question will how your cheque has gone to complainant. The cheque was bounced and you have given notice. After reciept of notice what action you have taken.

Curious Sam (Self)     06 June 2012

The complainant has stolen the cheques.  On receipt of legal notice, I realized that - filed a police complaint, informed the bank and replied to the legal notice demanding back my chequebook in illegal possession of the complainant.

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     07 June 2012

So many question arise on such defense such as when and why cheque book only was stolen.

And only police complaint is not sufficient , if story is real you have to follow up the case of theft.


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