No notice was served for cheque bounce and the cheque was obtained illegally by police
srinivas
(Querist) 06 June 2013
This query is : Resolved
Sir/ Madam,
I had been the victim of the police who detained me illegally without any complaint but because of their bosses relative's word and obtained one cheque. The person who obtained the cheque got it deposited and it was dishonoured. that person send the notice U/Sec 138 NI in wrong name and wrong address and it was returned. He filed the case. what whould be the result of that case.
Cheque was obtained at CCS Police Station
No notice was served
No legal debt was there.
Pls guide me with citations if any and protect me from the witched clutches.
V R SHROFF
(Expert) 06 June 2013
REGISTER A COMPLAINT THAT YOU WERE RETAINED IN police STATION, AND OBTAINED THE CHEQUE WITHOUT YOUR LIABILITY.
Cheque was obtained at CCS Police Station
No notice was served.
IF NOTICE WAS SENT AT TRUE AND CORRECT ADDRESS. IT IS BINDING ON YOU.
yOU HAVE TO PROVE BEYOND REASONABLE DOUBT, THAT legal debt was NOT there.
citations if any and protecting you from the witched clutches, is the job of your advocate hired by you for trial in court. WE CAN ONLY SUGGEST.
srinivas
(Querist) 06 June 2013
Unable to understand sir . Sri V R Shroff sir please advice me
srinivas
(Querist) 06 June 2013
Thank sir.
Raj Kumar Makkad
(Expert) 07 June 2013
Engage a lawyer if not engaged as yet. Your lawyer shall first of all arrange for your bail. Then you can take the defence in the case as you told above. It shall also be proper if you file a complaint against the concerned police officer before the higher police officials and then before the court for forcing you to issue the mentioned cheque without any liability.
srinivas
(Querist) 26 June 2013
Sir,
Myself and my wife had been detained at CCS illegally without any complaint and there one person took cheque, bike papers and one receipt with old date. Actually i paid him Rs.165000/- towards processing fees for housing loan and credit card settlements. As i am asking him to return my money back, he influenced the local police by saying that he is a close relative of DGP and threatened us. Later he presented the cheque but at that time i instructed my banker to stop payment. After cheque dishonour the other person filed a case U/Sec 138. He sent notice with wrong name and wrong address and it was returned by the postal dept endorsed " no such person". In his cross examination he admitted that the cheque was issued at CCS by the instance of CI of Police, s and we both were detained in Central crime station for 2 day and he is a very close relative of DGP and also said that he send another notice stating my name and address correctly, received by me and he had not filed that complaint in the court. He submitted his bank statement to show the debt. But in that my deposits were reflecting and he too admitted that i paid an amount of Rs.170000/- and again he says that those amounts were returned to me. But in his bank statements no reversal entry was there. he being a bank employee first got the cheque stamped 22-12-2011 and surprisingly sent for clearance on 27-01-2012.
1. In complaint he mentioned his own address as mine
2. On postal cover he mentioned my name wrong and also the wrong address
In Legal notice he mentioned another address and another mistake in mentioning my name
3. That cheque was obtained illegally by detaining at Police station for which he admits in his cross examination
4. No evidence was submitted that he gave money to me by way of debit voucher for transfering from his account to mine
5. He admits in his cross examination that he dont know who deposited money in his account on various date amounting to Rs.170000/- but he reversed those amounts to my account. But those reverse entries were not there in his bank statement
6. Again in his cross he admitted that as first notice was sent to wrong address and name incorrect, he sent another notice to me and received by me and he did not filed that legal notice, postal acknowledgement.
Please help me and save me sir by virtue of your experience.
Awaiting your immediate reply,
