IPC 138

Yasir (Querist) 08 February 2016 This query is : Resolved
I use to run a small company in delhi, i have some pending dues to my ex-employees which i will pay off in next 2 months and i have also informed them. But some how they got hold of a cheque and they tampered it by overwriting on it and they presented it for clearing and it got dishonoured because of AUTHENTICATION. Now can they file a case under 138 or cheating or can police take any action against me

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Jeetender Gupta (Expert) 09 February 2016
It is not 138 IPC but 138 N.I. Act. They cannot straight away file a case. They will have to send you a demand notice first.

Dr J C Vashista (Expert) 09 February 2016
The bank do not accept such cheque(s)and it do not attract the provisions of Section 138 NI Act.

Devajyoti Barman (Expert) 09 February 2016
overwriting is not allowed. You can file complaint of cheating in local police station.

Rajendra K Goyal (Expert) 09 February 2016
Before filing cheque bouncing case they would sent you notice.

File cheating / forgery case against him.

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