False fir lodged after 3 months
Anmol
(Querist) 09 April 2016
This query is : Resolved
they have stated in the fir that items were lost in january and they got to know about the same in march , the cheque mentioned is 287 number whereas cheque no 300 was also cleared by me in february and there is no discussion of the same .
NANDKUMAR B SAWANT
(Expert) 09 April 2016
SIR,
YOU MAY MENTION BRIEF FACTS OF THE CASE.
BUT ON GIVEN DETAILS IT SEEMS TO BE CASE REGARDING CHEQUES. YOU MAY OBJECT ON POINT OF DELAY IN FILING CASE.GOOD LUCK.
Anmol
(Querist) 09 April 2016
cheque no 287 was issued to me on 26-dec-2015
also cheque no 300 was issued in 12-feb-2016
according to requirement of money i cashed 12-feb cheque as it bore lesser amount and in march i then cashed cheque no 300 .
after clearing of funds into my sa bank , the other party lodged an fir that their cheque got stolen in december and they got to know when it got cashed in march . they have also said that many items in the office were also stolen which they got to know when the cheque got cashed . and have put 420 and 381 together .
Anmol
(Querist) 09 April 2016
both the cheques had been signed , amount written in words and figures and dated by complainant , whereas payee's name was filled up by me
Devajyoti Barman
(Expert) 10 April 2016
If there is existing debt in your favour and the cheques were drawn in regualr course bushiness like before then such plea of theft would not stand in court.
Dr J C Vashista
(Expert) 10 April 2016
Present the cheque for clearing, realisation and crediting the amount in your account and see the reaction.
Anmol
(Querist) 10 April 2016
amount has already been credited into my account sir , and as they have written in the fir that they realised that items were stolen like in january and they got to know when the cheque got cashed in march which has no relation at all , which completely shows they have added this to put weightage to complaint , what should i do about the same ? how can 381 and 420 be together ?
Devajyoti Barman
(Expert) 10 April 2016
If FIR is registered then you have to seek bail and then contest the case on merit.
There is no other merit.
Quashing is unlikely to be allowed.
