False 138
Querist :
Anonymous
(Querist) 23 November 2009
This query is : Resolved
138 dishonored of forged rubber stamp cheque Which was stolen and kept by expartner of a company bears single signature
*****Mr x was a partner in co at the time of his retirement dispute arised and they settle the matter with the panch (Freinds). panch made the settlement on plain paper with all signatory to settle the amount for Rs 5000000 to be paid to mr x for retirement in 3months period
After some 45 days accordingly in front of the panch and their legal advocate the dispute was settle and transaction was settle mr x sign the deed of retirement on stamp paper made by their legal advocate in which it was clearly mentioned that full and final settlement and nothing is due to mr x at the time of his retirement and the last amount of settlement rs 300000/- given in cheque to mr x for which he provided the receipt and 2more partner enter the company accused no 3 and 4
*** 1)Mr X had 10yrs old Blank cheque of accused no1 with single signature of accused no2 his brother which he had stolen when he was a partner of accused no1
*** 2)accused no1 co since its incorporation had signature of any two partners in bank for transaction
Mr. X used this old blank and stolen cheque of company bearing single signature of accused no2 filled the cheque for rs 3500000 and put the duplicate rubber stamp of accused no1 and deposited in the bank to made a false 138 case
As soon as cheque bounced before the action of complainant the accused no 3 file a complaint (case no 1) in the court for forgery of cheque under sec 156(3) against Mr x which put a duplicate rubber stamp of co and was a 10yrs old stolen blank cheque bearing single signature of accused no 2, certified by the bankers of accused no 1 that it was a 10 yrs old cheque. Order was passed against mr x and was arrested he tried to get the bail in session but was rejected on the ground since he was the ex partner of the company he was knowing the company bank transaction norms than why did he accept the single signature sign than Mr x went for quashing the matter in high court but was rejected but got the bail from high court
*****case no2: for the same cheque
138 filed for cheque bouncing case by complainant mr x for Rs 3500000/-against the four accused given below:
He had his banker’s cheque bounce receipt which mentioned
1) Payment stopped by the drawer
2) Drawers signature incomplete/requires
Accused no1: Is the company
Accused no2: partner of accused no1
and brother of complainant mr x
(also ex partner of the
accused no1)
Accused no3: partner of accused no1 and son
Of accused no2
Accused no4: partner of accused no1 and
Son of accused no2
Present status of the matter :
****case no 1: mr x expired and the forgery case is also finish since the accused is no more
****case no 2: original complainant mr x expired and the case is run by substitute mr y his son
Cheque is with the I.O
and application had been filed by Mr y to start the case with secondary evidence Xerox of the cheque since I.O. is not sending the cheque to the 138court inspite of several reminder of the court. His application had been rejected and a fresh notice is issued to concerned police station to send the cheque to the 138 court
Some advocates in lawyersclunindia had given answer that:
N.I.ACT SECTION 138 DOES NOT ATTRACT HENCE NO CASE MADE OUT
Than how come my case is still pending in 138 court
Cani I apply for discharge of the matter or go for quashing if yes on which ground or judgment please advice
Raj Kumar Makkad
(Expert) 23 November 2009
It is better if you approach High Court of your State and pray therein to quash the matter in the given circumstances. I hope you shall either be able to have full relief or the matter may be directed to be disposed off within a very short span of time.
Querist :
Anonymous
(Querist) 24 November 2009
thanks
