Complaint u/s 340
neeraj
(Querist) 24 November 2019
This query is : Resolved
Sir,
a false complaint u/s 138 was filled against my uncle and aunty both are joint account holder of the cheque in question uncle is no more with us and he is the person who signed the cheque in question and gived that cheque to a financer from whom they took loan of Rs 1000000. there is some issue between financer and my uncle and to put pressure on my uncle Financer handed over the cheque in question to his known who filled the cheque and submitted the cheque in his account and after the cheque got bounced they send a notice and then filled aa false case against my uncle and aunty. sign on cheque done by uncle but the complainant filled a complaint in court to summon both the accused u/s 138. Now the trail is done case is on advance stage complainant cross is done. we had filled a complaint against complainant u/s 340 that complainat filled a false complaint against my aunty, complainant did not disclosed to the court that sign on cheque is not belongs to aunty they hide this from court so on this bases we filled a complaint u/s 340.
know i want to know that on this grount complaint u/s 340 is maintanable.
Pls suggest what more needs to done to proceed strongly
P. Venu
(Expert) 25 November 2019
Facts stated lacks clarity. The priority in the facts stated ought to have been in meeting the charges on merits than than moving a petition under Section 340.
Dr J C Vashista
(Expert) 26 November 2019
Let the Counsel engaged by your uncle and aunt advise them as s/he is well aware about facts of the case, an able, competent and intelligent enough to proceed as required. It is the dispute of your uncle/aunt and not your's, so donot worry.
However, if you feel so strong, it is advisable to consult another local prudent lawyer for better appreciation of facts, guidance and proceeding.
