help me lawyers
Querist :
Anonymous
(Querist) 17 March 2011
This query is : Resolved
hello everyone ..
sir i need a question and have a doubt please try to help me by your valuable advises.
i,am itself a novice lawyer , as I'm defending one of my clients on dishonor of cheque case .
my legal question is "if my cheques are stolen or theft ed or i lost in whatever manner after that some other misuses that cheque and they send me a legal notice regarding dishonor ..thn i lodged an FIR after that issuance of notice ., whether my FIR 'd nullify or it has same effectiveness ??
prashant pundhir
(Expert) 18 March 2011
The first question arises here that if your signed cheques got lost or stolen,did you informed to your bankers regarding this ?
Why your first information is so delayed?
If you came to know regarding theft or loss after receiving the notice,then in between the period(during cheque bounce and receiving the notice),how many transaction made by you and why your bankers not informed you regarding cheque bounce ?and......
So if you are going to keep the fir in your defence,think once again about this . As it may work against you and help the prosecution .
However,the fir never get nulify and invetigation will be made upon fir . It is other thing that the i.o. files the chargesheet or final report .
adv. rajeev ( rajoo )
(Expert) 18 March 2011
Is there any paper publication regarding lost / stolen of cheque or have your given an information to the banker.
But you made a good thing by filing a Complaint. It will be a good defense for you
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 March 2011
Even otherwise it is easy to win any case for NI 138 victim /accused since the complainant makes many mistakes. You must learn to take advantage.
Querist :
Anonymous
(Querist) 18 March 2011
thank you sir , in short i try to understand the facts ......
on 1 august 2005 my client issued a blank cheque to complainant but at that time comp.didn't make any effort to honor the same after that no transaction happened with bank and bank closes their account in jan2008 ., further while some problem occurs b/w both accused and complaint,t , then complainant mis uses that cheque ..
one noticeable thing is accused sign.in different writing and payee name and date in different writing and colour + on back of cheque three more sign done by accused.
provided further - UTI BANK Change their name as AXIS BANK in 2009 , and issued cheque is of UTI Bank.
provided further notice of that comp.lawyer contains wrong father name of the accused(so can it a good ground as defective notice)
so please sir if any one of you have authorities and law points please sort me out .. thank you
your younger brother
Querist :
Anonymous
(Querist) 18 March 2011
and complainant fill their date on cheque is 10th Feb 2011
