False cheque bounce case filed

What if the complainant themselves stated in the legal notice that I had issued post dated cheques and the date as well as the payee name is not in my handwriting. if I had issued post dated cheques, would I not have entered the date in my handwriing. In any case, can the ink on the date be still very new comapred to the signature ink - how is that possible and will the court consider this evidence and is it easy to prove the age of the ink in different parts of the cheque?

If only the date portion is filled up by payee, then it is of not much help.

But if payee name or amount or both filled up by holder, without consent, then it is a substantial help. In this case please find out the date of delivery of the cheque to holder, gather some evidence of this, if it is more than 6 months then add the fact that S.138 is not applicable as the cheque was issued 6 months prior to date of dishonor. Rememeber that delivery and circumstances under which cheque was issued are very crucial, the judge cannot overrule any question/defence  which is directly attached with statue.

Sir, No cheques were ever issued to the holder.  The signatures on the cheques are more than 10 years old.

The entire cheque has been filled in by the holder or he had it filled out by some moron - 10 years after the cheques were signed - the cheques themselves were acquired by him through grand theft. He claimed in the notice that my wife gave him post dated cheques. Till now, he has not presented any proof for the loan advanced by him. The bank account was long closed/made dormant when he claims that the cheques were given to him.

See that, case is intiated, all this is matter of evidence, so honorable High Court may not appreciate under section 482. If High Court is in the same town, approach the High Court with evidence and pray for non applicability of S.138 as the cheque issued was more than 6 months old. Ideally under such circumstances S.138 should not be applicable.

You have to fight it out. Yes what you can do is proceed with your police action against him for misuse of cheque, this way you will be able to put counter pressure on him. Hire a lawyer and fight it out by giving these evidences.