• Cheque bounce case

I was dealing with a company, but in 2011 i changed my nature of business from computer trading to Printing press. Some old blank cheque was lying with him. i tool some money on intrest from him. i giving him intrest PM. but later some disputes between us, he want to charge 10%PM. few months i gave, but after some period i denied, and told him fix a figure and divide it into 72months, he not agreed. He has my one cheque of Rs.250000/- with his, i gave him only amount in numeric and signed. 
No date, No Party Name, No words also. He put 1 in front of 250000/-, filled the whole cheque of rs. 1250000/-. Yesterday i lost the case in Jalandhar Court. Even expert writer also said the 1 is put after. and inks also different. He cut the invoices of computer parts on my company name in 2013-14 of Rs. 10,00,000/- (Ten Lac) and Rs25,00,000/- in 2014-15, Vat Invoice. He shows only 2014-15 invoices in his Vat return. As no bills showing in vat return of 2013-14. 

We changed our nature of business even on Excise & Taxation department also since Aug 2011.


What to do further, Kindly Suggest, Judge punished me 2yrs and cheque amount +9% intrest.

Regards
Vinay Arora

whatsap : [deleted]
Asked 7 years ago in Criminal Law
Religion: Hindu

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6 Answers

it is necessary to peruse judgment of the court convicting you to 2 years imprisonment

2) yopu should file appeal against order of conviction seek stay

3) rely upon opinion of handwriting expert that material alteration has been done on the cheque

4) section 87 of negotiable instruments act

Section 87 determines the consequences of a material alteration as extracted below:

"87. Effect of material alteration --Any material alteration of a negotiable instrument renders the same void as against any one who is party thereto at the time of making such alteration and does not consent thereto, unless it was made in order to carry out the common intention of the original parties.

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

Hello,

1) You have a very good chance in appeal from what you have stated. These points have to be highlighted in the appeal.

2) Get the certified copy of the order from the city in Jalandhar and ask the details of the proceedings including all papers filed by the complainant and let the lawyer prepare the Appeal. In my opinion you have a fair chance to be acquitted.

S J Mathew
Advocate, Mumbai
3595 Answers
175 Consultations

In appeal raise grounds mentioned by you that no orders were placed nor good delivered to you

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

1. Since you have been convicted by the trial court you can assail the conviction through an appeal. On your appeal the appeals court can set aside the order of the lower court.

2. You have to challenge the findings of the trial court on the issue of handwriting expert and prove that material alterations were done on the cheque, a fact ignored by the trial court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

You have failed to contest the case properly. The evidences in your support were not convincingly expressed before court while challenging the case.

The handwriting experts opinion should have been given more insistence.

You can challenge the judgment by preferring an appeal before the appellate court on the basis of your evidences and the points that were left out or omitted by court while deciding the case.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

1. But as we saying we never buy goods no sign on bills of my receiving

2. as we changed nature of business also since 2011

3. as my Vat returns also not having any such bills

4. he showed only 2014-15 bills only, as he not showed bills of 2013-14 in vat returns.

If you had discussed all these points in the trial court during defence, then you can highlight these things which were not considered by trial court in your appeal before the appellate court.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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