fresh 138 cheque bounce case,innocent
deepak
(Querist) 03 September 2017
This query is : Resolved
I Rani kamboj divorce my husband in Nov 2016which I had applied in May 2016 wth mutual consent I was residing separately by past 2 year,my ex husband was fraud he deal wth medicine company ND use my signed cheque which I left behind wth all my luggage at time of dispute.oct 2016 I came to know by Asi police that I need to apear to the court as I indulge in some cheque bounce case but I didn't got ny summon. my ex gave my mobile no. to police.i confused ND just rush to court ND applied bail wth my name Rani kamboj.i got bail ,I then got married in Dec 2016. Than I went to next hearing ND came to know that case was registered as complainant vs Ravi kamboj. I applied all certified document wth bail order where judge mention (He) in order.i didn't appear to next hearing as m not guilty. Came to know by some source that Warrent issue again to Ravi kamboj, WT Shd I DO? I totally innocent,complaint doesn't even know my name how I got deal wth him complainant said in complaint that I along wth my husband deal wth him. I were residing separately by past two years mentioned in divorce judgement. ND case files by complainant in August 2016,and I applied divorce may2016 3month before. Complainant use cheque on July 15 2016 and date mention on cheque 15 July 2016,
Complainant notice me wth wrong name as he doesn't know me, he just interpret wrong by my sign on cheque which appear as Ravi kamboj rather Rani kamboj, and case admit as Ravi kamboj vs complainant,it is not typographical error by court it is error of complainant
Rajendra K Goyal
(Expert) 03 September 2017
immediately engage some lawyer experienced in such cases, show him full case file and defend yourself.
You may be innocent still you have to prove your innocence before the court.
NANDKUMAR B SAWANT
(Expert) 04 September 2017
You have to appear in said courtwith surety and apply for bail.also file a discharge application mentioning facts and how you are innocent.also file affidavit in support. Court may discharge you from case.but if your application is rejected then file revision application to sessions court .it may discharge you from case. But if again revision is rejected then you have remedy to file writ petition for quashing complaint before high court.good luck n.b.Sawant advocate high court mumbai