Complainant was to buy a home through a Broker(accused). He gave the Broker an advance cheque of Rs.10Lakhs. After few weeks the complainant talked to the accused and came on conclusion to return the amount back as the broker was unable to arrange a home for him. Later the Broker gave him 2 Signed Blank Cheques to keep it as security till he arranges the amount to be returned. Meanwhile after a week Complainant took the opportunity and posted the cheque for clearing in his name.
The Cheque got dishonoured with memo as Insufficient funds. Complainant proceeded with the Notice and further filed a FIR under 138 NI ACT. Now what could be done in Defense? Whether the liability for payment of Advance amount be considered as Consideration or any legally enforceable debt? On what Grounds can the accused be acquitted? Can the charges be dropped against him in someother way? Thanks in Advance.
Sir, FIR has been registered against the Crime u/s 138 NI Act (Non-Cognizable and Compoundable). As per the Complaint, The Complainant has given the Amount in Good faith as Advance payment to the accused so that the Accused shall give priority to him and shall provide with some options a bit faster. Although the accused returned with no options.
I got understood your story as by showing some lolypop you some how has taken 10 Lac from the client as an advance money with you to purchase a good house for him. now when you could not do it with in a reasonable time you issued him two blank cheques against repayment of advance already have been received by you which are bounced in due course and a case of 138 is Lodged in the court and of a forger FIR has been filed with the police. AND Now you want the aquittal of the accused on some valid basis. You are requested to please search for a good and experienced advocate for it You well also can choose me to get ridoff this situation.