NI 138 with IPC 420

Querist : Anonymous (Querist) 26 March 2011 This query is : Resolved
Suppose One person stolen your saving account check singed from by you & filled with the amount but without date & name for his/her in home for their bad time when you are not in the city.

Any how the check get missed by them due to their absence or irresponsibility and One person got that and put that in his pocket.

After that you also forgot about that and shifted to another city. you close that account and get new one A/c from that bank.

One day after 3 year You get a notice from metropolitan magistrate under 138 Ni with 420 IPC from that person, that you issued a check to him and that is dishonored due to account closed.

What will happen ?

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Guest (Expert) 26 March 2011
KINDLY NOTE THAT YOU HAVE TO APPEAR IN THE COURT AND APPLY FOR BAIL AND SUBMIT SURETY AND THEN DEFEND THE MATTER WITH THE HELP OF EXPERTS.GOOD LUCK.

Sarvesh Kumar Sharma Advocate (Expert) 26 March 2011
go to highcourt u/s 482 cr.p.c. for queshing 420 ipc ,because what ever is not permited is prohibited!
and 138 n.i.act is specific 420 ipc is not made out in this matter!

Kiran Kumar (Expert) 26 March 2011
as advised first seek bail in the matter.

then find out the actual contents of the complaint and seek help of some local lawyer so that it could be ascertained whether the matter is fit for quashing petition or not.

if the whole case is totally an abuse of process of law then it can be quashed at the very inception.

but if, prima facie, some offence is made out then you will have to face trial.

your query is incomplete in various aspects and in your matter a detailed look into the documents is required....seek help of a local lawyer.

PJANARDHANA REDDY (Expert) 26 March 2011
HELLO, PLS GO TO THE BELOW SC JUDGMENT IN NI 138 AND 420 IPC.

Querist : Anonymous (Querist) 27 March 2011
Dear All
Thanks for the suggestion.

please suggest that

What kind of document i need from the bank related to my account and check?

Querist : Anonymous (Querist) 27 March 2011
IS there any Judgement copy available for such kind of case. because I am not one person in the country where this kind of cases happen.

that some body stolen the check and make an 138 NI with 420 IPC.

Querist : Anonymous (Querist) 27 March 2011
i personally thanks to Adv. PJANARDHANA REDDY
to upload a good justice note to help others.

Querist : Anonymous (Querist) 27 March 2011
i want to rectify my check from forensic lab about the

1. date - when written on check
2. my sign
3. amount written / correction
4. finger print

is court allow this?

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