• Case 138

A man who sexually harassed me n I lodged a f.i.r.against him. I don't know when he made possible or by whom tore one of the cheque from my minor son's cheque book,which  from so many days was kept under the centre table,  he filled rs 1,50,000,n signed the cheque, the signature n handwriting in the cheque is not mine.now he is blackmailing me to withdraw the case n to give one lac instead of 1.50 lac,he threatened me to drag in the court for 20 yrs,I want to quash this cheque case in the high Court.
Asked 2 years ago in Criminal Law from New Delhi, Delhi
1. Have you been issued a legal notice for demand of money by this man? If yes, have you responded through your lawyer to it? Has the case already been filed in the court by this man? These questions need to be answered by you.

2. The FIR for sexual harassment which you have lodged against him is distinct from the 138 case. The filing of FIR against him by  you does not place an embargo on his right to file a case of cheque bounce against you.

3. You have stated that the signature and handwriting on the cheque does not match your handwriting and signature. Be that as it may, if he has filed the case then firstly obtain bail from the court. Thereafter you may, depending on the facts of the case, move High Court to quash the case.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1. If the case has been filed in the court then contest it on merits to prove your innocence. Notwithstanding the fact that you had not signed the cheque, you have to walk through the process of law to prove your innocence. 

2. Engage a lawyer for your defence who will do the needful. He will obtain the case related documents.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Hello,
1) In the first place you ought to have replied the lawyer notice he had sent to you demanding the money back as notice of mandatory in a case relating to return of cheque.
2) Now that the case is already filled by him, you need to contest it. As you are not familiar with the procedures of court and as you need to defend yourself against the allegations levelled against you and the charges brought against you, you need to engage a lawyer to defend you on the court.
3) The lawyer will support on the next date and get from the court records or the petitioner's  lawyer the copy of the complaint and for a reply.
4) Do not be cowed down by the tactics of your opponent and withdraw the case you have filed against him. As you have not signed the check out written the details on it you can certainly people your innocence albeit it will take years for the case to be disposed of, not 20 years as he threatened, at the most 3 to 4 years.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
1. These are two totally different matters to be dealt with seperately,

2. What is the status of the case inconnection with your F.I.R. filed against him?  

3. Some of your statements are confusing. If he has stolen cheque from the cheque book of your son then your signature, whether real or forged, on the cheques pertaining to the acoount of your son is not valid,

4. In the above case no case stands in your name,

5. Your son or you can lodge a complaint before the police against him for stealing the cheque from his cheque book,

6. has he deposited the cheque and got it bounced and already filed the cheque bounce case?

7. Against him has he filed the said cheque bounce case?
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. Before the cheque bounce case came to the court, there were certainly certain stepds taken by the complainant like sending you legal notice asking for the payment u/s138 of N.I.Act.,

2. On receipt of the said notice you were required to lodge a police complaint for the said staeling of cheque from the cheque book and forging your signature on it,

3. However, engage a lawyer having expertise in this field to defend you.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Dear Querist
the hand writing on the cheque is your's or not it is matter of trial.

if you send a reply of the notice received by you before filing the complaint then based on this reply if this cheque is not issued by you then the burden of proof upon you.

you may file a complaint against him before court for forgery u/s 464 of IPC.
 fight the cases on merit.
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0

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