Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

darshan (owner)     07 June 2022

sec138 blank cheque

Fact of the case . Blank cheque at the time of agreement by company for distribution. After 2 months scheme disputes arises so work stopped ..Same day of dispute arises i had stopped cheque payment from bank. Same notice by lawyer to return blank cheque informed and informed not to use my cheque as it's stop payment done.after 8 days company filled cheque and bounced . Company had submitted statement in court .It shows that they had not credited my claim for which they are liable as per there own mail. They had not attached my intimation of stop payment notice send to them . They claim that I had given them the above said cheque and same bounced but fact is that on mail they demanded me 3 blank cheues .Same i had submitted in court by 65b affidivit along with schemes communicated by them on mail .Can judge consider all these facts nd decide


Learning

 2 Replies

P. Venu (Advocate)     08 June 2022

The facts posted are less than convincing. If the case filed under NI 138, the complainant is required to serve you a statutory notice demanding the payment of the debt that is legally enforceable. Has he served you any such notice? if so, what is the reply you had furnished?

Moreover, in a criminal case, the accused is not required to frnish any reply or file any document until the complainant has completed his evidence. As such, the query is too hypothetical.

If a realtime query, please post the material facts.

Dr J C Vashista (Advocate)     09 June 2022

The facts posted are not clear and unconvincing.

As observed from your profile you have posted similar queries earlier such as:

posted a new topic in Forum sec138 blank cheque 

posted a new topic in Forum sec138 replied to a topic in forum 138 n.i.act

posted a new topic in Forum 138 n.i.act

posted a new topic in Forum rent agreement 

posted a new topic in Forum relinquishment deed

posted a new topic in Forum cancellation of relinquishment deed

posted a new topic in Forum challenge will deed

More 

Read more at: https://www.lawyersclubindia.com/profile.asp?member_id=195111


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query