• 138 NI defend

Respected sir/mam
I am a doctor by profession.one of my close relative has told me that he has lost money in some investment and his wife was asking about that money to him(his wife didn't know about that investment).So my relative convinced me and taken 4 checks of 3 lacks each without mentioning the dates saying that he will show these checks to his wife and tel her that money was given to me for short period of time ( checks are taken as  security).After 6 months ,he  started to blackmail and pressurise me.He deposited one of check in the bank without informing me .fortunately there were no balance in the account and check was bounced.As soon as I came to know i immediately done the stop payment of remaining ckecks.My relative then filed the case 138 NI against me.There are no documents of liability except one bank transaction ( 12 months back)from my relative account to my account of rps 5 lakh and from my account to his account of rps 1.5 lakh(10 months back).
Now how should I defend  and prove that this is the false case ?

Details continue-
My relative also taken gold (6 lakhs) from  my younger sister with the commitment to return it back within 2, months My father sent a request letter to him about giving gold back but he completely refused and send a letter to my father that he did not taken any kind of gold .After enquiry we found that he had  taken a gold loan from a remote bank. All receipts of purchase of gold are with my father which he shown in police station and to the bank manager.Police inspector and bank manager issued a letter to my relative for explanation and to come in police station which he fails to give and come.That means he  cheated my younger sister also.
I have 2 eye witnesses to say that my relative is engaged in some kind of investments like chitfunds in last 2 years.I have xerox copy one of the  investment certificate done by my relative.
On 2 checks (among 4 checks )my relative written his name ,date and amount by his handwriting. So there is mismatching between the  handwriting on checks.Only one check was bounced which is handwritten by me.
Now what evidences  should I collect to disprove my relative story?
Which possible questions  judge will ask me ?
Asked 1 year ago in Civil Law from Dhule, Maharashtra
Do you have the prof of withdrawing the 5 lakhs and giving i to him ?  The transaction 1.5 lakhs was subsequent to his deposit of Rs. 5 lakh on you, right?
He has cleverly planned to trap you and extort money from you.
However, on the basis of the transactions and other evidences in your side along with your sister's evidence, you may challenge his cheque bounce case properly.  In the meantime you may issue him a lawyer's notice demanding the return of the duly signed blank (without name and date) cheques held by him, which can also be used as an evidence by you. 
T Kalaiselvan
Advocate, Vellore
13915 Answers
127 Consultations
5.0 on 5.0
1) you have to contest the case on merits 

2) since date and amount had been filled in by your relative it amounts to material alteration of cheque without your consent 

3) in reply to legal notice mention there is no debt due and payable by yiou 

4) your sister should file complaint against her husband under action 498A for acts of cruelty and also DV case to bring him to negotiating table 
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
I think, from your contents it appears that  you are seeking advise to overcome your own wrong doing, considering it to be an illegal act, I refrain from advising you any  more on the subject query.
T Kalaiselvan
Advocate, Vellore
13915 Answers
127 Consultations
5.0 on 5.0
1)contest case on merits means to plead not guilty and fight the case filed by your relative 

2) counter attack is best line of defence 

3) your sister should file case against her husband under section 498A and also file DV case 

4)her husband has mortgaged her gold of Rs 6 lakhs which constitutes your sister streedhan . 

5) court will not grant her husband Anticipatory bail in 498A case unless he returns her gold 


Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
1. You should seek bail and then contest the case on merits. What you have to prove is that the cheques were not intended to be presented to the bank in as much as you were not liable to pay to your relative the amount covered by the cheque. 

2. You do not have to 'disprove' your relative's version. As I said above, you have to prove that you were not liable for the amount of the cheque. The statement of complainant's wife will be crucial.

3. A case of fraud can also be filed against him in the local court.

4. You should engage a lawyer for your defence.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

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