• 138 NIA on a lost cheque

I had lost a signed cheque on 11-2-2017,Saturday day, bank was closed, on 132-2017 I stopped payment on this, on 14th February some one presented it wd amount 5 lacs, bank returned this cheque wd remark insufficient balance, on 15th Feb I had logged complain against unknown in police, on 22Feb I got a legal notice of an dishonour cheque, he claimed that I had purchased tea biscuits.total fake. He has no evidence of my acceptance of any trade, except my signed blank cheque. In court he presented cheque n deposit slip in same hand writing, interesting thing is that half deposit slip which is in bank in other writing, on deposit slip there is no signature of bank authority showing presented on 7th Feb bt y bank record it had presented on 14th February, I had filled a civil case against him to stop misuse and four twenty. What to do how can I save my neck? Help pls
Asked 7 years ago in Criminal Law
Religion: Hindu

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7 Answers

1. DO not worry as this person is a crook and he could not go far away.

2. You have rightly filed the 420 case.So Pursue that case vigorously.

3.The cvikl suit does not appear to have much merit though.

4.in the 138 Trial if you could prove that you had no trade relations with him and he is total stranger to you his case will be demolished.

Devajyoti Barman
Advocate, Kolkata
23187 Answers
510 Consultations

1) you have to contest the 138 Ni case filed

2) deny that there is any debt due and payable

3) in section 138 Ni cases there is presumption that cheque was issued in discharge of debt

4) if you deny any debt was due and payable the complainant has to prove that cheque was issued in discharge of debt

4) rely upon FIR lodged by you of loss of cheque

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

complainant has to prove that purchase order was placed for supply of biscuits

2) that invoice was raised and goods delivered to you

3) delivery challan needs your signature and stamp of receipt of goods

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

Mere Handwriting is not enough.

First ask him about the bs8nes deal in lieiu of which he claims to have this cheque.If it is fake then he can not answer this question.

Devajyoti Barman
Advocate, Kolkata
23187 Answers
510 Consultations

Section 138 is attracted only when it is a case of legally recoverable debt. Since, in your case it is admitted that there was no business dealing between you and him and thus, as on date there exists no legally recoverable debt, offence under section 138 is not made out against you. Challenge the summoning order issued to you in the 138 proceeding by way of filing a petition under section 484 CRPC in the High Court.

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

The defects what you have noted in the legal notice have to be challenged in the trial court only, yo cannot get any answer for such things here.

You can drill him with the questions and extract the fraudulent act from his mouth itself during cross examination.

What is the reason that you have approached civil court, ther is no reason for approaching civil court on this because it is he who possesses the cheque hence you may have to lodge police complaint against the loss of cheque

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

He claimed that cheque is in my handwriting, how to prove that I have no business wd him what evidence should I collect to save my self, it's a total fake case

The evidence in your possession, i.e., the stop payment instructions and copy of the police complaint etc shall be sufficient to prove your stand and other things will depend on what document he rely upon.

The burden to prove the legally liable debt or passing of consideration of the cheque amount will be on his shoulders

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

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