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chandani (other)     20 June 2012

Section 138 insufficient balance

my father borrow 3 lac from his friend and given him 3 blank  cheques with signature. after some time my father credit share of rs 2 lacs to his frnds a/c bt his frnd did not return cheque instead he gave those 3 cheque to his 3 different frnds and nw they fire case on my father.we have share credited doc with us bt we cant gave to court bcz the case is done by other person.we also done laboratary test on cheque for amount wriitne on cheque. my father doesnt wriiten amt bt the other person wriiten it and amt is 3 lac written. the resullt of laboratory test is positive to us and opisite party dont have any document or proof for case bt our court at Amreli given judgement that my father is guilt and expected to give 3 lac rs to that person.my father also gave other cheque to his coligue and he also fire case on us bt we won that case bt not this one nw my father is in jail we apeal in high court and after a week my father will get the bell.nw what shoud be done in my father's case.there are 2 more case pending in court what should be done??plz help my father had only mistake that he did not ask for get back cheque from his frnds my father is not guilt he is innocent.plz help 



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 3 Replies

Hemang (Advocate)     20 June 2012

OK... Fine. May I request you to scan all relevant papers and upload the same? I would advise you perfectly after reading the notices given, reply filed, examination and cross examination conducted, arguments made and lastly, the logic of the judgment. Reason for asking the papers is that the grammetical constructions of your contents are not refined and effective and it is a matter of "interpretation". Every child would have mental agony for his father. Do not worry, at least do what is advised right now.  

Ratnesh kumar (Advocate)     20 June 2012

well, first of all it is the case of complete negligency on the part of your father . so first try to get bail from high court where most prbasbly you will get bail and than try to get a proper lawyer.  who can fight your case properly becvause as far ass i am concerned your lawyer is not talking your case properly

R Trivedi (advocate.dma@gmail.com)     21 June 2012

How come your lawyer did not resist his arrest ?  In S.138 conviction, it is almost mandatory (as per CrPC) for the court to give time of appeal before arresting the convict. Only under exceptional circumstances with written reasons, trial court can order the arrest on conviction.

 

It seems to be badly handled case, since the execution of the cheque itself was in question. Please do as advised by Adv Hemang. Something can be done in this case.


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