138 NI ACT
rajvinder singh
(Querist) 28 September 2009
This query is : Resolved
SIR MY CLIENT RECIEVED A DEMAND NOTICE FOR CERTAIN SUM OF RUPEES AS IT WAS MENTIONED IN THE NOTICE THAT I HAVE ISSUED A CHEQUE WHICH WAS RETURNED WITH BANK ENDORSEMENT OF A/C CLOSED.
MY CLIENT RECIVED THIS NOTICE FROM HIS TENANT.HIS TENANT FEW YEARS BACK DEPOSITED THE SUM OF RS. 1 LAC IN A/C OF HIS LANDLORD I.E. MY CLIENT.SAME WAS DEBITED BY MY CLIENT UPON HIS REQUEST.MY CLIENT DISPOSED OF ALL THE CHEQUES AND CLOSED HIS ACCOUNT AFTER THAT.
NOW WHEN HE GOT THE DEMAND NOTICE HE SUSPECTED THAT FEW CHEQUES WERE STOLEN BY HIS TENANT WHICH HE HAS USED TO GRAB HIM IN LITIGATION.
WE SAW THE CHEQUE IN THE COURT .THERE IS A DIFFERENCE IF SIGNATURES AND HANDWRITING.
COMPLAINANT IS SAYING THAT RS 1 LAC WAS TAKEN BY MY CLIENT FOR DISCHRGING HIS LIABILITY HE ISSUED THIS CHEQUE.
LANDLORD IS UNDER SUSPICISION REGARDING THE MISUSE OF OTHER CHEQUE WHICH MAY HAVE BEEN STOLEN BY THE TENAT.
SO TELL ME WHAT SHOULD BE THE FIREST STEP NOW
rajvinder singh
(Querist) 28 September 2009
THE AMOUNT DEBITED WAS RETURNED TO THE TENANT IMMEDIATELY
Raj Kumar Makkad
(Expert) 28 September 2009
It is better to lodge FIR of theft of cheques suspecting lying with the tenant and in the investigation of the case, tell specific name of your tenant as a suspected person. I hope your further problem can be sorted out by this way.
KUNDAN LAL ADLAKHA
(Expert) 28 September 2009
YOUR CLIENT MUST FILE AN FIR AGAINST HIS TENANT FOR STEALING THE CHEQUES FROM CUSTODY. HE MUST ALSO STATE IN THE FIR THAT HE HAS ALSO FORGED HIS SIGNATURES TO MAKE FRAUD WITH YOUR CLIENT AND THE BANK.
vinjamuri ranga babu
(Expert) 28 September 2009
hello,
first instance, you please give reply to the notice issued and secondly, you gave a complaint to the police that about your cheque was stolen and publish the same in news papers regarding your stolen cheque saying all the details. so, that you can defend your case.
vr
Sachin Bhatia
(Expert) 28 September 2009
Better to lodge FIR of theft of cheques.
Adinath@Avinash Patil
(Expert) 28 September 2009
First you give reply, there after you file complaint in police station for theft of cheque.
joyce
(Expert) 28 September 2009
you are late in giving the complaint about your cheque missing. so give the reply to notice and then lodge a complaint.
Sukhija
(Expert) 29 September 2009
ur client has seen the chq in court, rt? i.e. complaint is already filed. now file a police complaint immediately for forging his sign on chq and also bring this fact to the notice of the court immediately, go for 482, quashing of complaint if possible.
