Defense against false case under section 138

arun (Querist) 09 April 2014 This query is : Resolved
Good day to all..
I am a mariner by profession.I have been working since 2008 to till date.so every time when I used to go to ship I used to keep all my bank related paper chequebook etc in my house under the possession of my father n also used to sign 2 or 3 cheques for my parents emergency requirements.
But he had been misusing my signed cheques since last 1 n half year by emptying my salary account in my absence from country.It all started after my love marriage and refusal to ask dowry from my in-laws.

So last year after coming back from ship when I saw myfather has withdrawn 8.4lacs from account n kept it in minimum balance. I asked him to give my chequebook back.he refused and kicked me out of my on house which i purchased in 2012.so in march 2013 I went to my bank n gave stop payment application stating the cheques are not in my possession.

After that I opened another nri account n never credited a penny in the previous account.
When my father took possession of my house n kicked me away I told him that I ll not continue the bank emi's
Of that house n asked my father who is the guranter of that housing loan to pay the emi' s from the money he had withdrawn from my account or else give me my house back n I ll continue the emis..
He asked me to go to court for justice n abused me n also told me that I should forget about all the money he had taken in last five years (almost 19lacs according to bank statement).

Now my father has used one of my signatured cheques to frame me falsely under NI act 138 saying that he had paid emis of my home and also registration fee of my home. All of this money ws actually taken from my account by my father in last year before I stopped my cheques.

Plz advise how to tackle this case as my father is willing to use all dirty tricks and gain sympathy in all possible way.

Follow Query

Report Abuse

Anirudh (Expert) 09 April 2014
You have to handle the case very carefully right from the beginning. Please do not give anything in writing.
Approach a local lawyer, show the documents, narrate the story and act as advised by the Advocate. Please take it that you will not be able to handle the matter yourself, without the help of an Advocate.

arun (Querist) 09 April 2014
Thank you for your kind reply Mr. Anirudh.
I am currently living in Kolkata and the case will go to udaipur court as that is my hometown. I don't know any lawyer in udaipur as of now.I have talked to an advocate of Kolkata to give a reply of the 15 days notice sent to me.I have left udaipur in last june n not issued any cheque but cheque date is 24.03.14.so except the signature which was of February2012 the other information on the cheque can not be in my writing. .so will that help?
There is no written agreement or any thing like that between my father and me.
Plz advice me how much duration my bail will give me, as my sole source of income is my job on ship which takes me away from country for 6 or more months.

Anirudh (Expert) 09 April 2014
First you have to give a very comprehensive and detailed reply to the notice through Registered Post, which should reach him well before the expiry of the 15 days notice period. Have you still got time to give reply? On what date did you receive the notice?

arun (Querist) 09 April 2014
Yes.today only I replied.15 days period will end on 18th april.

Anirudh (Expert) 09 April 2014
That's very good. I hope you have given a very detailed and effective reply. Please track the delivery of the post and keep a printed output of the delivery status.

You will get a notice from the Court. Appear on the first day itself with your detailed reply. First the Magistrate will examine the Complainant. Then you can submit the reply to the Complaint on the same day in the Court. Rest, do as your local lawyer advises you.

All the bests.

Rajendra K Goyal (Expert) 12 April 2014
Well advised and guided by the expert Anirudh ji, agree to it.

Guest (Expert) 12 April 2014
Agree with the advice.

Defense against false case under section 138

Similar Resolved Queries :