MOHAMED RAFI (Secretary) 15 March 2012

506 ipc

Dear Members

I filed a 138 Case against a person and after that his wife started foisting various complaints against me

and in one such case the Hoin.High court has granted a stay.

Soon after the cheque he issued bounced he goes to bank and submits a letter stating that the particular cheque was stolen and simeltaneously files a police complaint stating a concocted story that I had on the pretext of negotiation gone to his place and thretened him and his wife and after I leaving the place found cheques were missing from the drawer and some employee of his has been made as a witness.It was cooked up case as i never went to his plcae and no such incident took place.

This I know is a cooked up story as a counterblast gainst my case on him.

The police registred a case under 420,406,506 and it seems they have investigated the matter and found no substances in the complaint and have dropped sections 420-406 but have charged 506 on me in the Court.

Not only that she had gone to other state and filed a defemation case gainst me as a counterblast case.

Can you suggest me a way out of her and her husband nuisance.please help.

Thanks in advance.

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4 Replies

Dr J C Vashista (Advocate) 17 March 2012

It is just counterblast of your case u/s 138 NI Act, which you are to prove in the case filed against you.

veena (.) 17 March 2012

Dear Members,

I really need ur help and advice. My husband was a partner for a Construction Company with a partnership of 10% alongwith other 3 partners holding a share of 50%, 20% & 20% resp.

One day one of the partern holding a share of 50% request my husband to leave the business since one of the financer wanted to enter in partnership, this could be done only if he resigned from the company. After lots of discussions my husband agreed todo so on the condition if they relased his payment dues. The partner issued him a blank cheque with his sign from his personal bank account and got the agreement signed that he has cleared all the dues.

The cheque is still lying with us. But we got to know from our sources that he has closed his bank account. We dont know if he has sent a letter to the bank saying that the cheque has been misplaced or what? but the account is closed.

Do advice me if we can deposit the cheque in our bank account and get a case registered against him.

Thanks.

Dr J C Vashista (Advocate) 18 March 2012

You shall have to present the cheque (within its validity) for encashment, if dihonoured, then proceed legally against the company as well as the directors (other two).

(Guest)

Dear Veenaji,

Most important is whether the partnership firm was registered under the provisions of Partnershi Act or no, where in your husband was a partner. Mere signing an agreement does not contemplate that the dues are clear, unless there is proper document executed which is of incoming and out going partner and likewise once again the said document is presented with the Office of Registrar of Partnership as it amounts to change in the constitution of partnership firm.

Kindly check the same and as you said you have got a cheque which has been issued to you by one of the partners which is still lying in your custody, present the same immediatly.

Pls note that where a person who is a partner in a partnership firm if retires at Will and leaves the partnership, the account so settled, the amount is payable from the account of the firm and not a personal cheque.

It having so happened, pls check with the Office of Registrar and with your husband whether the partnership firm was registered and whether the reconstitution of firm has taken place and registered in the Office of registrar of Firm as regards incoming and out going partner.

If the cheque issued to your husband is dishonored, in such event, your husband can institute a case u/s 138 of N I Act.

If the firm is not registered, then your husband can file a case against the firm before civil court .

I hope this clarifies your query. In case of any further assistance, feel free to communicate.