Section 138

abhay goel (Querist) 30 June 2013 This query is : Resolved
I filed a case under section 138 of RS. 5 Lakh. after getting notice they give me 1.5 lakh as a instalment and promise me to pay balance ASAP. during this I filled my case in session court and it has been accepted by the court, bt now they are telling me that its all over and we will not pay anything to you and they made a fake settelment letter on a plain paper with my fake signature. what should i do now...?

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ajay sethi (Expert) 30 June 2013
dont with draw your case in court . once chque has bounced and he has not made payment within period of 15 days of receipt of notice offence is committed .

if you dont with draw the case he will pay . even if he relies upon fake settlement letter it has no meaning . you say your signature is forged and secondly payment has not been made nor case with drawn

Raj Kumar Makkad (Expert) 30 June 2013
I your signature is fake on the alleged settlement deed then file a police complaint or section 340 Criminal Procedure code before the same court against the accused person.

You have not told for what reason, you had filed the case before Sessions Judge as the complaint is triable only by magistrate. What was the order in that proceeding?