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BBK Raju (propreiter)     22 April 2010

age proof of the ink

x has received a cheque for Rs.1,00,000/- for accused and the accused denied the transaction  in his reply notice that he has never given any cheque to x and there is no transaction at any point between x and him. how ever after filing the case u/s 138 of ni act and civil recovery case . any how the acuused admitted his signature in written statement and taking the ground that he has given the blank cheque to his son and x has stolen the cheque from his son and now he is requesting the court that the cheque should be sent for the forensic labs for checking the age proof for his signature to escape from the case.

however   the accused did not shown any proof that the said cheque is stolen and has never filed any case against lost cheue or stop payment for cheque at his drawee bank at any point of time.

Can u please advise Mr.X how to procced with this case and take appropriate steps to recover his amount from the accused.



Learning

 3 Replies

Sushil Kumar Bhatia (Advocate)     23 April 2010

dear

Circumtance evidence to prove the signature is must if accused admitted the cheque is bearing his signature if stolen the blank signatured cheque whether he had lodged any FIR for stolen cheque or inform the concern bank for non stop of payment the answer is NO it can be proved that he has issued cheque to the client secondly  you should prove the payment towards what kind of transaction

BBK Raju (propreiter)     24 April 2010

Tank you Mr.Bhatia,

Accused has not made any complaint (FIR) for the reason cheque has stolen and didnt informed the same to his bank that he lost the said cheque. accused valantarily has issued a cheque along with a letter of untertaking that he will honor the cheque as and when it is presented. but now he taking ground that the cheque is stolen and prolonging the case in the court.can he further escape the liability.

Regards,

BBK Raju

Arup (UNEMPLOYED)     26 May 2010

1) every cheque bears a number, whether this cheque issued  to the accused by the banker?

2) whether handwritting of the cheque is of mr x?

3) for which purpose accused given the cheque to mr x ? if it is proved that  the purpose fullfiled - it will strengthen the case.


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