U/s 138 ipc
Hemant Khurana
(Querist) 19 May 2013
This query is : Resolved
I took a loan from someone in 2003 on the basis of signed parnote(Blank) and Chaque(Blank) both documents were only signed by me instead of that nothing was written on the papers by me ,I cleared the loan and took my documents back from the person,due to idleness and immateriality I did not destroyed those blank and dully signed Parnote and chaque.
Now in 2012 I got stunned when I received a legal notice from an advocate of another person (knowen to me and usually and fluently visited to my office before the incident) u/s 138 IPC I didn't replied to that notice afterwards in 2013 I was being summoned by lower court regarding the same case as I was away from my town for an official visit hence I could't attend the court after that I visit to my lawyer to solve the problem then I came to know that Non-bailable warrants has been issued against me I Immediately approached to the court and get cancelled those warrants.Now I have to put my side In front of court next month.
So Please Guide me
ajay sethi
(Expert) 19 May 2013
engage a lawyer and fight the case . the complainant has to prove that cheque was issued for consideration that there is debt due and payable .
V R SHROFF
(Expert) 19 May 2013
You need to defend yourself;
As you have no liability, you will be acquitted.
Prove that series of cheque was 10 years old, and never issued to complainant.
Earlier transaction [10 yrs old] can be proved to defend your case.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 19 May 2013
Though I am for accused and the cheque law is like a snake and ladder game which children play where even if complainant is at 98% sure stage in the case still can be pulled down.
But this story of the accused is like a film story. Everything seems improbable.
1) He says he had taken back the blank papers.
2) Legal notice from a known person still kept quite for one year.
3) Even after court notice till NBW was careless.
R.K Nanda
(Expert) 19 May 2013
defend ur case strongly in court with help
of local lawyer.
