False Cheque Bounce Case

YOU HAVE NOT MENTIONED WHEATHER THE CHEQUE WAS SIGNED BY YOU OR NOT AND IF IT IS SIGNED BY YOU THAN THERE IS A STRONG PRESUMPTION IN FAVOUR OF HOLDER THAT THE CHEQUE WAS GIVEN FOR A CONSIDERATION U/S 118 & 139 OF THE NEGOTIBLE INSTRUMENT ACT WHICH WILL GO AGAINST YOU AND THE BURDEN WILL UPON YOU TO REBUT THE PRESUMPTION BY COGNATE EVIDENCE

Since it has been more than six months that I received the notice and replied and I have not heard back or received any summons, can I come to any conclusion about whether a case has been filed against me or not under section 138?

issue of process takes time so do not be over confident , wait.

I have already filed  a police complaint and a complaint to the bank. Is it OK if I do NOT file a criminal case in the court?

@sunil

Its good that you have filed fir and give complain to the bank but did you sign that cheque?

Did the cheque is lost if yes then how?

All you have to prove in the court.

Your main benefit is you have file  fir and give complain to the bank but also you have to show that the cheque is not signed by me and is signed by me then my cheque was lost .

But did you give a blanque cheque?Or give a person  name(payee)?

First answer this question.

The stolen cheque was a blank cheque. The complainant filled out all the entries.

A case was filed against me under 138.  I have also now filed a criminal case under 420 for theft, intimidation and forgery of cheques.

Should i now proceed to  a higher court for quashing of the baseless charge against me?

Hi all,

I want to know that in case some one take check from me forcefully or under some preassure I hand over that check to him.

But now I came to know that person or Firm is fraud.

So in case if I request bank to stop those check number and launch FIR.

still I am eligible for check bounce case? can he launch a case on me.?

or what else steps should i take to save me from check bounce case.

Please reply.

Hi , 

I am Sri ,

Recently i face one issue , that is 

My sister put  IP in court , before that whatever the debts she have , she gave me and my wife's signed checks to them , with out telling us.

I and my wife we both stays in USA , so usually for my old checks i always sign them and keep them in my india home for my family use ( father , mother , sister and all)

when last time  i was in india ( Nov 2012 to Apr 2013) , i have heard about CTS 2010 policy towards check books.

So i have applied all new check books for my all indian accounts. and my OLD checks ( which are NON CTS 2010 and empty but signed by me and my wife) are there in my home. 

recently Nov 20th , 2013  i saw one check bounce in my ICICI Bank Account for 2,00,000/- , i don't understand like , who presented this check ,because i didn't give any one any check of 2,00,000/-

I have called the branch manager and asked all the details , he sent check copy to me through email.

when  i look into that some name "Y Krishna" is there and its account payee check. , mainly its non CTS 2010 check.

When i inquire in home about my old checks , i came to know that my sister has given some of my checks and my wife checks to some people .

i asked why  ?

then she answered like  , One of his debt. people told her , they are ready to give 5 Lac  and they need my checks and my wife checks as leverage, So my sister gave them my checks to check those are good for them or not  , as those are non CTS 2010 checks , all these are not known by me and my wife.

After that who ever took those checks , they didn't return the checks as well as money they promised to my sister.(indirectly they cheated my sister and got my checks)

So my sister didn't tell this to me , because i will scold her and she thought any way those are OLD ( non CTS 2010) checks and not useful for anyone.

But as recent change from RBI , they have extended the time for non CTS 2010 checks till DEC 31st , 2013.

Now  , My sister put  IP on September 29th , 2013 ,in the IP Notice she mentioned that she has give some  Blank checks to them.

But now these people who ever took my checks and my wife checks , they started depositing all the checks in bank from Nov 15th onwards with some fake amounts  like  , 2,50,000  ,  300000 , 150000 , 200000

Observation :  

1. If we see every check , only the sign is ours , otherthan that nothing is my writing( like Data , Amount , amount in rupees , Payee name).

2. Even though my sister gave all the checks to one person , The other person distributed all the checks to all ( who are on the IP List ).

like they deposited total 14Lacs  using  my checks  ( 1 from me + 6 from my wife).

not only that , they sent legal notice to my old address .

We are under shock like whats going here.

Now i am asking for suggestion like  , 

1. Should we take those notices at my Father in law address , as my wife is india now , and i am in still USA. ?

2. Should we file FIR to police people about all these .?

3. What if we didn't take those notices  ?

I am from Hyderabad  , INDIA.

So please help me .

Hi , 

I am Sri ,

Recently i face one issue , that is 

My sister put  IP in court , before that whatever the debts she have , she gave me and my wife's signed checks to them , with out telling us.

I and my wife we both stays in USA , so usually for my old checks i always sign them and keep them in my india home for my family use ( father , mother , sister and all)

when last time  i was in india ( Nov 2012 to Apr 2013) , i have heard about CTS 2010 policy towards check books.

So i have applied all new check books for my all indian accounts. and my OLD checks ( which are NON CTS 2010 and empty but signed by me and my wife) are there in my home. 

recently Nov 20th , 2013  i saw one check bounce in my ICICI Bank Account for 2,00,000/- , i don't understand like , who presented this check ,because i didn't give any one any check of 2,00,000/-

I have called the branch manager and asked all the details , he sent check copy to me through email.

when  i look into that some name "Y Krishna" is there and its account payee check. , mainly its non CTS 2010 check.

When i inquire in home about my old checks , i came to know that my sister has given some of my checks and my wife checks to some people .

i asked why  ?

then she answered like  , One of his debt. people told her , they are ready to give 5 Lac  and they need my checks and my wife checks as leverage, So my sister gave them my checks to check those are good for them or not  , as those are non CTS 2010 checks , all these are not known by me and my wife.

After that who ever took those checks , they didn't return the checks as well as money they promised to my sister.(indirectly they cheated my sister and got my checks)

So my sister didn't tell this to me , because i will scold her and she thought any way those are OLD ( non CTS 2010) checks and not useful for anyone.

But as recent change from RBI , they have extended the time for non CTS 2010 checks till DEC 31st , 2013.

Now  , My sister put  IP on September 29th , 2013 ,in the IP Notice she mentioned that she has give some  Blank checks to them.

But now these people who ever took my checks and my wife checks , they started depositing all the checks in bank from Nov 15th onwards with some fake amounts  like  , 2,50,000  ,  300000 , 150000 , 200000

Observation :  

1. If we see every check , only the sign is ours , otherthan that nothing is my writing( like Data , Amount , amount in rupees , Payee name).

2. Even though my sister gave all the checks to one person , The other person distributed all the checks to all ( who are on the IP List ).

like they deposited total 14Lacs  using  my checks  ( 1 from me + 6 from my wife).

not only that , they sent legal notice to my old address .

We are under shock like whats going here.

Now i am asking for suggestion like  , 

1. Should we take those notices at my Father in law address , as my wife is india now , and i am in still USA. ?

2. Should we file FIR to police people about all these .?

3. What if we didn't take those notices  ?

I am from Hyderabad  , INDIA.

So please help me .

Hi... I had a shop for computers which did not work for me... i was also not able to pay rent on time... So i had to leave the Shop and the Rent was adjusted in the Deposite that i had given and the remaining amount i gave in Cash to the Owner... He Also gave me a paper where he had mentioned paid on it... Now before Taking the Shop he had taken a cheque from me and the date was not mentioned... so i had sent a Letter to the Bank to Stop Payment... As there was not enough fund Bank Manager had replied that they cannot shop the check as there is less fund in the Bank and would go as bounced.... Now The Landlord has put that Cheque and Bounced it and has Sent me a Notice... what action can i Take against this Fraud Landlord who is Demanding for Money even after Paying him.....

By the Cheque number i can state that the Cheque was Old

By the Bank Email I can State that i had Given a Request for stop payment

and the Other Evedence  i have the Letter that he gave as paid

how do i fight