138
Querist :
Anonymous
(Querist) 19 November 2009
This query is : Resolved
*****case no2 :for the same cheque
138 filed for cheque bouncing case by complainant mr x for Rs 3500000/-against the four accuesed given below
he had his bankers cheque bounce receipt which mentioned
1) payment stopped by the drawer
2) Drawers signature incomplete/requires
accused no1: Is the co
accused no2: partner of accused no1
and brother of compainant mr x
(also ex partner of the
accused no1)
accused no3: parner of accused no1 and son
of accused no2
Accused no4: partner of accused no1 and
son of accused no2
*****case no1 :for the same cheque
filled 1st before the 138
As soon as cheque bounced before the action of complainant the accused no 3 file a complaint in the court for forgery of cheque under sec 156(3)against the Mr x which had a duplicate rubber stamp of co and was a 10yrs old stolen blank cheque of the co certified by the bankers of accused no1 that it was a 10yrs old cheque
order was passed against mr x was arrested on cheating and forgery charge. case was going to start cheque was with the I.O. send to the forensic expert
present status:
****case no 1: mr x expired and the case is also finish since the accused is no more
****case no 2: original complainant mr x expired and the case is run by substitute mr y his son
cheque is with the I.O
and application had been filed by Mr y to start the case with secondary evidence xerox of the cheque since I.O. is not sending the cheque to the 138court inspite of several reminder of the court
judgement has to come
please advice
i am accused no 3
i say that this is a false 138case it was a ten yrs old cheque which had been certified by our bankers and it bears false rubber stamp. the cheque had the signature of my father accused no 2 who is also expired
we two brother and partner accused no 3 and 4 had not issued any cheque nor my father and the cheque does not bear our signature
the details of the case is also given below please give advice how do i get out of this false 138 case
