1. Since two offences are committed out of the same incident you are liable for prosecution for the both the offences.

2.Since you gave the cheque for repayment purposes only he has done no wrong by putting the dates .

3. The NIA case has no relevant with the cheating case and you can not use one agaisnt the other.

4.The FIR need to mention the cheques as FIR is related to non payment of money giving rise t cheating.There is no defect in the FIR.

Prepare for defence unless you can settle with ramesh out of court amicably.

1) both are separate cases and court would not drop charges against you under section 406, 420 of IPC

2) when you issue blank cheque you authorise drawer to fill in the details

3) it is in your interest to arrive at an amicable settlement with the complainant

4) if complainant says you have put in dates apply to court for forensic examination of the 2 cheques

Both are different cases, hence maintainable because cause of action and relief sought are different.

Filling up the cheque is permitted by the provisions of NI act.

You can claim non maintainability on the grounds of double jeopardy.

You can even file a discharge petition or quash petition.

If the cheque was blank in the criminal complaint then you have won both the cases, discuss with your Advocate thoroughly.

1. You can not be tried for the same offence twice as per the right enshrined in Article 20(2) of the Constitution of India, and therefore you can ask the court concerned to try you under the same offence in one court of law. Though 138 are different proceedings but still you can try and take this defense.

2. That can not be done, a person has right to fill even a blank cheque if you have signed it and have given it to the concerned person.

3. Probably you can not get out of the trial that is being carried on right now under section 420 and 406.

4. That is a matter of trial and lot depends on the person who is handling your case.

Regards

Sir,

Your present lawyer should have told you to go for quash of the case filed u/s 420,406 .But NIA would continue till judgement given Or any settlement arrives among parties.

You can file criminal case against ramesh u/s 192,196,470,463 of IPC for writing the dates on the cheques. Forensic team would need to verify the hand written content on the cheque.

You can get back to me for more advice.

Thanks,

adv.niranjan,

mobile - .

The court might also pass ex parte order, if you are in the knowledge of summon then I advise you to put in appearance.

Regards

1)unless summons are served trial would not commence

2) it is better you accept the summons and file detailed reply in application made by wife under section 125 cr pc

3) if inspite of service of summons you dont attend court exparte orders would be passed against you

1. A separate case under Section 138 of NI Act cannot be filed when there is a trial in progress under sections 420 and 406 IPC with respect to the same transaction. Be that as it may, it depends on the complaint under 138 NI Act. Nothing can be said without a threadbare perusal of the complaint.

2. You can file an application for sending the cheques to FSL. No counter case can be filed unless the court acquits/discharges you.

3. Contest the cases on merits.