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avinash pothina (service sector)     14 August 2015

Unknown person stolen blank cheques

i lost my 2 blank cheques and 2 promisary notes with my signature, some cash, adhar card, voter card and some photos along with pocket purse in railway station. immediately i make stop payment in bank. With some people suggestion i  lodged complaint in railway police station after 15 days. after 1 month from that day surprisingly one unknown person sent notices to me to pay 5 lacks, immediately i send reply notices to return addresson notice, but our reply notices came back stating that person is not available in mentioned address. now after 5 months same person send court summons to me stating that to attend court on particular day. i understood that one well knowned person running this scenes behind me with benomy name.

question 1 : i didnt received any cheque bounce messages from bank.

question 2 : i already kept stop payment complaint in bank on the same day when i lost. question 3 : understood somebody very close to me have thefted my purse which includes                      cheques and promissory notes, what type of action we can take on that person                    playing like this?

please help me



 9 Replies

saravanan s (legal advisor)     14 August 2015

cheque bounce case cant be filed because the person who posessvthe blank cheque got to show that the person issuing the cheques has some liability over which he had issued the cheque.

with the case number you can enquire with the court clerk regarding the case details and also details regarding the case will be put up in the notice board kept within the court premises

S Singh   15 August 2015

Your query smells absolutely fishy, Nobody keeps 2 blank cheques and 2 promissory notes with signature on it and that to you lost it! The Magistrate will not believe your story. Further the promissory notes weren't blank right, otherwise you wouldn't have stated that they were promissory notes. And you also state that the person who have stolen is close to you and theft was committed at railway station for that a police complaint was lodged. There are ample evidences against you. Further if that person had lended you the money vide cheque payment into your bank account or through delivery of goods, etc, then how with this defence can you justify your innocence?

Don't take this advice in an adverse way, my intention is to show you the path ahead for your benefit, be aware and take prudent decision.

naveenraj jain (proprietor)     15 August 2015

There is no way anybody would keep signed cheques and too blank and take them while travelling. Some learned person would have advised you to lodge a complaint as stolen only to prolong your case. If there is any iota of truth about cheques being stolen then you are liable for whatever is written on the cheque since cheques are usually signed as token to agree to pay such amounts.
1 Like

G.L.N. Prasad (Retired employee.)     15 August 2015

Apparently appears as a cock and bull story, to avoid cheque bouncing allegation, but remember even if you issue stop payment letter, you can not avoid your responsibility and your intentions become more clear, if there are strong evidences against you.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     15 August 2015

Go to any criminal court in India and you can find similar stories by accused in cheque bounce cases most probably due to immature legal advice.

 

Courts rejects such stories.

 

You must have taken some faciilities and issued blank cheques and promissory notes. The opponent is smart since he may have filed the cases through any other known person.

 

Cheque cases can be won easily since it is technical crime and due  to technical faults which will be always there any accused can come out from the case.

 

But such lousy, childish stories the case is spoiled from day one.

 

 

G.L.N. Prasad (Retired employee.)     15 August 2015

Kindly provide following information.

a)date appearing on cheque,

b)date when it was lost,

c)when you issued stop payment,

d)when you have filed complaint,

e)The connections between you and the person who has prepared screen play and his occupation, and he is having any dealing with you in the past.

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     18 August 2015

according to you information a case under section 138 NI act has been filed by some one , now you should porve your innocence at the time of cross examination . I think you have many way to porve your innocence , you r  lawyer only can help you

advocatepassy@gmail.com 971794 (Advocate)     04 October 2015

Your own story will not hold,the truth from coming out in court proceedings 

Sudhir Kumar (Dy Director)     04 October 2015

Originally posted by : saravanan s
cheque bounce case cant be filed because the person who posessvthe blank cheque got to show that the person issuing the cheques has some liability over which he had issued the cheque.

with the case number you can enquire with the court clerk regarding the case details and also details regarding the case will be put up in the notice board kept within the court premises

This is the only silver lining in your case.

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