Cheque bounce case
khalid anwar
(Querist) 27 December 2015
This query is : Resolved
dear sir,
i give a blank cheque to some one for security but he blackmailing me he write twenty thousand then he cut this and fill two lakh fifty thousand and put forgery sign on this.then he dishonor chequ reason account close because my ac is closed due to low balance. after that he load case in court my layer give me over confidence your sign is not on this cheque don't worry but he not give any petition regarding my sign and lower court judgement against me so now i appeal in session court i also change my lawyer to can i revision or send our sign to expert? can i complain now in police station. many layer said in appeal court must judgement in favor of lower court so i am very worry about. so please suggest what i do to prove our innocence. pease,please help me any one.
Devajyoti Barman
(Expert) 27 December 2015
Without seeing the judgment it is difficult to advise. The problem is unless you took the defence of handwriting in trial itself, in the higher court is would be difficult to agitate this issue.
Engage a good lawyer and pray for the best.
khalid anwar
(Querist) 27 December 2015
can i send our judgement copy?
Devajyoti Barman
(Expert) 27 December 2015
If you want professional service then you are welcome.
SAINATH DEVALLA
(Expert) 28 December 2015
I presume U were not defended properly in the lower court.When U were sure that UR signature was forged on the cheque,U had every right to oppose the contents of the cheque,with a proper prayer to the court to get it examined by experts.UR counsel failed to deliver the requisite expertise while defending.Sessions court generally does not deviate from the judgement of the trial court.U have not mentioned the punishment awarded.
khalid anwar
(Querist) 28 December 2015
lower court punish 3 lakh and 1 years
Rajendra K Goyal
(Expert) 28 December 2015
Consult some senior lawyer and show him full case file.
Dr J C Vashista
(Expert) 30 December 2015
Well advised by expert Sh. Devajyoti Barman, I agree.
You have already lost the opportunity in trail court where you could have agitated the forgery of signature, if you did not sign.
You can also file a complaint against your lawyer for deficiency of service (Consumer Fora) and before the concerned Bar Council, if you are sure that your lawyer did not perform as required.
Show the judgment to a senior local lawyer for proper analysis, guidance and proceeding.
Hope and pray for the best.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 30 December 2015
Things are not that simple as he is telling.
On the first appearance the court ask questions regarding complaint and unless properly tutored by the advocate the accused makes basic mistakes on day one.
He must have admitted that the cheque was his from his account and signed by him so basic cheque law of presumption comes in operation.
So unless it is not proved that the liability is not legal which needs extreme legal expertise and clever cross examination , nothing can be done to cover the lapse of accused on first day.
Now at sessions court find out other faults in trial or complaint and hammer on the issue of legal liability.
K.S.Srinivas
(Expert) 31 December 2015
I go with the Expert Advocate Defense.
Dr J C Vashista
(Expert) 01 January 2016
Dear Experts,
Wish you all a very happy, healthy and prosperous new year.
Regards
Dr. J C Vashista, Advocate
email: majjagdish@yahoo.com
+ 91 98911 52939
