138 ni act
Navin Kumar Agarwal
(Querist) 21 November 2012
This query is : Resolved
sir ,i have issued three cheques each of rs 100000 bearing no 575418,419,420,dated 18/06/2008 against some dues in year 2008,cheques were issued on assurence of replacing some defective goods by party while accepting cheques .But they did not kept there words and banked 2 cheques bearing no 575419 and 575420.cheques got bounced due to insufficient funds in june 2008
they niether informed me about banking of cheques nor take any action in 2008 for those cheques .They did not bank one cheque no 575418 which was the first per serial no of cheque in 2008
But in june 2011 they banked this cheque and as i have closed that business and bank a/c also the cheque got bounced in july 2011 due to a/c closed.they send me notice u/s 138 and I replied that notice with all facts but they filed case against me u/s 138 after very cleverly altering the year 2008 to 2011.I told the court regarding this and matter is pending in court.Will this point work for me? I am very sure of giving cheque in 2008 ,as I have issued some cheques to other parties after that in year 2008 and 2009 and got a/c closed in 2010,I was not even in touch with them in 2011 as they are claiming that I gave cheque to them in june 2011 WHAT AND HOW I HAVE TO PROVE IN COURT, AND WHICH DOCUMENTS I WILL NEED ? CAN I BE FOUND GUILTY IN THIS AS THEY HAVE CHANGED DATE SO CLEARY THAT ONCE EVEN I HAVE TO THOUGHT
CAN COURT GAVE ORDER FOR ANY FORANSIC TEST
OR HOW I WILL PROVE MYSELF
IF IT IS PROVED THAT CHEQUE WAS GIVEN IN 2008 DOES 138 APPLIED ON ME
WHAT ACTION SHOULD I TAKE AGAINST THEM FOR SUCH FORGE THING
THANKS IN ADVANCE
Raj Kumar Makkad
(Expert) 21 November 2012
You have made bombarment of questions in a single query as if either you or all of us have to leave this site of ever.
The onus to prove the lawful debt initially vest upon the complainant. If you had closed your business and account during the year 2010 then definitely you might have documents in support of your claim which shall help you in the case. The serial-wise issuance is not a pre-condition but definitely it raises doubt when you issued subsequent chequest during 2009 and 2010 and moreover when two subsequent cheques had been got bounced by complainant during 2008. A good question can be raised to him about the fate of alleged debt of 2008 and the sequence of the events which led restitution of business terms during 2011 without making clearing of past debt.
Anyway, you have a very good case and once you succeed, you can file civil as well as criminal cases against him seeking compensation and defamation.
V R SHROFF
(Expert) 21 November 2012
CAN COURT GAVE ORDER FOR ANY FORANSIC TEST
OR HOW I WILL PROVE MYSELF
You apply foir appointment of expert's opinion, a hand writting experts/ forensic. It will be allowed.
Prove age of ink
Prove from your Original Bank Pass Book / Entry + Leaflets that the paricular seies of Bank VCheques were over in 2008, So cheque was not issued within last six months.
If possible , prove the debt or liability is out of Limitation period.
Comp[l not coming with clean hands.
As Bank A/c was closed long back, U WILL CERTAINLY WIN THIS CASE.
ajay sethi
(Expert) 21 November 2012
well advised by MR Makkad / shroff
