My friend operated my bank accounts for online betting and he had my cheque books too.He did the same with another known of mine.we were students those days.He subsequently blackmailed us by filling those cheques in amount of 30 lacs 50 lacs in my cheques and65 lacs in the other person's cheque.the other person is dead now as he succumbed to the threats,met a road accident.After failing to get money from me he presented those cheques in the bank and they were dishonoured.I had informed the bank in written that entire cheque book is stolen and the bank stopped the payment of the cheque book and the charges were deducted for the same which reflects in the passbook.He moved the court under NI Acrand presented the cheque of 30 lac rupees.As the proceeding underwent,my friend and his father from there side were the complainant and witness.My lawyer asked his source of income to which he said that he did not have the money and the money belongs to his father.on asking his father about the source of such a huge some ,he said he does not pay income tax and arranged it from different people.My lawyer is contesting the case on the merit of the word VALID DUE as the complainant did not have the money,and his father too has no source to provide such। a huge amount.Moreover they have given 30 lacs 50 lacs 65 lacs to students without any reason.Now their witness is over and it\'s my turn when his lawyer will question me.One major concern। is that though I had stopped the payment of all the cheques and the cheque in question is still showing stop payment on bank computer terminal,the bank returned the cheque with the memo FUND INSUFFICIENT/SIGN DIFFER which should not have been the case.We requested the court to call the bank manager to explain the same but the court denied giving the reason that bank manager will be called after my witness,revision petition was also rejected by ADJ.I am in serious trouble as people from the court say that whatever may be the situation,session court magistrates don\'t decide cases in favour of accused for such big amounts now days.What should I do now?Both of us are govt servants now.Cheques are not in my writing,one stamp paper is there which is also not in my writing.Please advice me where is this case heading? No source of such funds has been given by them,doesnt it fall in the black money category which cant be recovered?Not a single penny was deposited in my bank account by him by any cheque or other means.
Asked 6 months ago in Criminal Law from Delhi, Delhi
My passbook clearly shows payment stopped cheque 101-150.The cheque in question is cheque no 104.The judges in the lower and upper court don't even read the documents clearly and rejected the revision by saying that cheque in question and passbook entry is different.We pleaded in the court that passbook entry is of the complete series.But they don't even listen.They are listening to 10 cases at a time.The bank will walk away without any explanation as to why they sent a wrong return memo of fund insufficient/sign differ instead of payment stopped by drawer.Even today I visited the bank and it's computer terminal is showing that the cheque was stopped.They even gave me a letter that yes this cheque was stopped well before it was bounced.What should I Do now?appeal in high court?do they listen there?I am distressed to the highest point now.The complainant was a student.He had no source of income.His father does not pay income tax. Has no bank transaction nothing to show that he lender such a huge sum to me.Even the cheque return memo is wrong.Still no relief to me.I am too terrified with my witness.His lawyer is famous for cheque dishonour cases.In the worst scenario if the court convicts me, how will they even ask me to pay this money?30lacs,50 lacs. I don't have any thing apart from my salary, no asset in my name.They possess my cheques and I am suffering through every difficulty in this world, turned hypertensive and diabetic.Does the NI ACT COURT actually listen to the merit demerits if the case?Or they blindly convict and leave the accused to plead infront of high court?Please advice me,I am losing faith on judiciary,every moment I have been put to test,The complainant has nothing but money power ,doesn't even receive court summons ,I have to sit outside his home to get a TAAMIL so that the revision can be heard.Even after my witness can the court order the bank to reply about the stop payment request and memo?how much time is there in the judgement of the case?
Asked 6 months ago