138 notice - cheques stolen by some one.
Hem chandra Joshi
(Querist) 03 August 2014
This query is : Resolved
Dear Sirs,
I am a director of a pvt ltd company, in the year 2103, first month of the year ,my accountant told me certain blank cheuqes are missing ,we stopped them immediately in the month of January 2013.
in the month of July 2014 ,i got to know from my bank statement that one of cheque from same lot has been presented in bank by by one ex employee in a heave amount written on it, who has been fired last year(2013).
So Respected experts kindly help me find out the solution of this
!-the employee has put heavy amount even after one and half year of stopped cheque.
2-now he has send some legal notice under section 138.
3-we have never gave any cheque to him, it means he has stolen the cheques.
4-yes he has some disputes with HR because he was not regular during his tenuare in office.
Sirs my question is if there is any provision in ni act , because forensic examination of cheque can easily proof that signed time ,stop date timing are same in January 2013 and amount written time have huge gap.( approx 2014 may),and signed by me and amount and date has not been written by me ..
second thing he is calming that we have given him cheque in 2014 (false date was in june2014) for the liability for 2013 august .
But the truth is that one cheque has been missed and stopped in januaray 2013,how can we give him a cheque to him in January 2013 for uncertain employment labiality of august ( 2013).he was with company in January ,there was no surety about his tenure at that time.
Means forensic expert can easily proof that the at the time of stop payment cheque was blank and gap between signed time and date and amount timing was approx 18 months.
He look some blank cheques and now misusing that.
Kindly advice ,I need a help from expert,
Devajyoti Barman
(Expert) 03 August 2014
This case prima facie not maintainabile if stop payment has been more than a year ago.
Do go to high court and file for quashing for the case.
R.K Nanda
(Expert) 03 August 2014
consult LA of ur co.
Laxmi Kant Joshi
(Expert) 03 August 2014
If you have the proper evidence that you had report the bank to stop any payments on your stolen cheque no's so & so on your prescribed date then your ex employee case will not maintainable in the court and dismissed on this ground , when court dismiss it file a criminal case u/s 380 ipc /420 ipc against this ex employee in the police station of your area .
prabhakar singh
(Expert) 03 August 2014
your's is a co.and a business should afford costs.
Nadeem Qureshi
(Expert) 03 August 2014
his case is very weak, after receiving the summon you may file a quashing petition before HC.
Advocate. Arunagiri
(Expert) 03 August 2014
If you have the copy of that letter duely acknowledged by the bank, issued to the banker for stopping payment, you can lodge a police complaint on that employee.
Sudhir Kumar, Advocate
(Expert) 03 August 2014
a case under s/138 is maintainable if filed by a "holder in due course" and not merely "holder of a cheque.
In this case your accounts department timely know about the theft of cheques and took preventive action as possible under law.
Now someone (as apparently from your description) had (i) stolen cheque (ii) forged signature (iii) attempted payment.
He has done series of offenses and you can enter area thana.
Police does not register direct FIR in S/138 case but in these offence they are bound to do so.
Sudhir Kumar, Advocate
(Expert) 03 August 2014
repeated
http://www.lawyersclubindia.com/forum/Blank-cheques-has-stolen-and-bounced-106644.asp#.U94ioKNvdG0
ajay sethi
(Expert) 03 August 2014
repeated query no reply
Hem chandra Joshi
(Querist) 04 August 2014
Dear Experts ,At first thanks for your valuable advice.i need some little more help,he was in Delhi and all the documents showing was in Delhi at that time.his bank account was in delhi and our office is in delhi,but he has deposited his cheque in lucknow branch of Delhi,what would be jurisdiction ?can we transfer case to Delhi ?he has send notice from lucknow.?
kindly advice ?
Hem chandra Joshi
(Querist) 04 August 2014
Dear Mr Sudhir,I have got a notice from a lawyer in lucknow.
Nadeem Qureshi
(Expert) 08 August 2014
Dear Querist
the jurisdiction for filing the complaint is as under, as per SC judgement
Section 138 has five components, namely,
i. drawing of the cheque;
ii. presentation of the cheque to the bank;
iii. returning the cheque unpaid by the drawee bank;
iv. giving notice in writing to the drawer of the cheque demanding payment of the cheque amount; and
v. failure of the drawer to make payment within 15 days of the receipt of the notice.
Read the full judgments on nadeemqureshi1.wordpress.com
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