Thanks Shashikumar Jee.

I have to wait and see if a case under section 138 is filed against me, on fraudulent grounds and the claimant is stupid enough to believe that our judiciary cannot separate the milk from the water.

By the way, will it serve any useful purpose to file a police complaint against the complainant, for theft, forgery & cheating or should I just wait & watch.

Police complaints help only for records so you can file a complaint but be careful to draft it.

Mr Ganeshan advt please note that you have to take following imp steps.

1) Read each and every word of the notice , complaint and annexures . You will find many mistakes by the complainant in over confidence.

2) Find out the money was disbursed to the accused , any evidence of funds and most most most imptant any evidence of prior dealings with the accused.

3) Accounts and any debits shown in the accounts in the name of accused.

as the initiator of this thread Mr agrawal has stated there are many many mistkes done by the complainant and his advocate , if you are vigilant you can demolish the case.

try good luck.

Shashikumar Jee, if it is only for the records why get into the hassle, I have already stated in the reply to the notice that the chequebook was obtained illegally by the complainant and asked for its return to me, failing which, I have stated that I have the right to file a criminal case for theft and cheating.

Anyway, what is the kind of care to be exercised if I do file a FIR?

The case is against you or you making querry for knowledge.

It is against me.  No case has been filed as yet. Only a notice.  My brother stole my cheque books which I had left behind in my house after my marriage. Now when my father passed away and I asked for my rights in his property, he is trying to blackmail me by filling in all those cheques and making them bounce. Even the signatures may be forged.

Now it has been almost one year since my brother served me a notice for bounced cheques stating that he had given me a friendly  loan several years back and demanding the money.  I promptly replied to the notice, in time, stating that he got hold of my cheques by fraud and theft and filled in the details himself and that I never took any loan from him.  I also promptly filed a police complaint for theft and forged cheques and am awaiting police action.  I have not heard back from my brother for almost six months now and until today, I have not received any summons for any case filed against me under section 138.  How much do I have to wait to see if he filed a false case against me under section 138.  Should I now file a criminal case against him.  What if I do not file any criminal case against him, but wait for the police to take action on my complaint or wait to see if he did indeed proceed with a case under section 138 against me and file  a criminal case only if he filed  a case against me?