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jai (no designation)     08 July 2010

friend filed case 420, please reply me , i am in depression

my closed friend filed case of 420 ipc can u please tell me is right and what is impact on me

situation >

I started a firm as "A Print" ( sarees printing compay)  and my other closed friend started B Print , my freind started firm just near to my company so when ever he need something i help , i given full support to start his compnay and some time i go anywhere near by compay and  as freind i just say my friend to  take care for 10 min or 20 min until i come ,  he then stolen my signed letter head and signed blank check  in my office almari  ( unfortunatily  that day i forget to keep at right place ) , he stolen these two in 1999 and after 12 year we have no relation becoz of some matter and his misbheaving  . now he filed case against me 2 lakh bounched check proof and  on letter head he written 12 year ago my self taken firm related material worth rupee 10 lakh which i take as help to stand my firm which is in critical stage and i promiss that if i unable to pay matrial amount or material in 12 year all propery and home belong to my freind .

1) check was not dated and he written current date and bounce check , and filed a case againsed me to return 2 lakh

2)  letter head have my signature and company stumped seal , and he demand me to return 10 lakh or 10 lakh material ( metrial is like printing material and it's instument which he said as help taken )  and filed case of 420

currently i am not doing anything beocz my bussiness destory and totaly depend upon son . i am 55 year old

 

please reply me , i am in depression

 

 



Learning

 15 Replies

Padmanabhan S (Sr. Branch Manager)     08 July 2010

Even if it were to be true that you keep signed letter heads and cheques in your office almari, which was not even locked, the court will never buy your story, however intelligently it might be provided by your lawyer to the court. And, though, you could prove it that it all happened 12 years ago, the cheque would be deemed valid under Section 20 of the Negotiable Instruments Act, which deals with Inchoate Instruments. Under this section (number I am not very sure), an inchoate instrument is a blank instrument, which, if signed and given to the payee and here, the drawer is deemed to have permitted the payee to fill it up at any time he feels like and date it in the manner he likes and fill it up for any amount he likes. And to support his claim of the amount, he has your signed letter as well, now.

Unless your 'friend' himself agrees that he had stolen it from you, you will not be spared of the ordeal. You may go for a compromise with him.

jai (no designation)     08 July 2010

Dear Sir,

He is not ready to talk with me and saying " i destory you totaly " not even to listen to me , he not seat for compromise ,

I am not able to understand via letterheard how they have plus point becoz that letter head company shut down in 2004 , and how can he demmand as his wrriten false material or amount of fee via court ,  Please tell me rule of letter head . ?what is maximum happen with me

if he win what court say to me i am in fear , i have not enough mony to pay continous fee to lawayer , beocause now a days i am not working .

Please help me i am in biggest trouble  and in depression

Dharmesh Manjeshwar (Advocate/Lawyer)     08 July 2010

Please be a little clear to get proper advise ..... has ur friend filed two cases .... one for 2 lakh cheque dishonour and second for cheating ( 420 ) If yes ....... please give separate details of each case ...... 

jai (no designation)     08 July 2010

yes sir , it's two case , please help me

1) he saying by first case i given promiss me to return my company material worth of  10 lakh if not able to pay then amount of that material .

2) he saying on basis of 10 lakh he bounced a cheque of 2 lakh which is given by me as inisital installment after 12 year

 

Please help me

 

Dharmesh Manjeshwar (Advocate/Lawyer)     08 July 2010

You say he has stolen the letterhead & signed blank cheques somewhere in 1999 .... Can u tell me what writing he has put on the letterhead and what is the date of that writing ........

Ravikant Soni (LAWYER IN JAIPUR)     08 July 2010

Dont worry,

Tell me, What did complainant described in complaint about the date of transaction???

And also tell me who did filled the cheque.

Get the record of cheque book from concerned bank that when the cheque book was issued and after that how many cheque books were issued??

 

valentine (Advocate)     08 July 2010

Please apply for exam by Handwriting Expert. This will reveal who had signed and filled in the contents of the cheque and then U can go ahead with your defence.


(Guest)

The incident is highly incredible and improbable. Unless you say the truth in the case, the other side lawyer will not leave you so easily. There are a lot of ifs and buts in your case and also I could see many things are hidden by you in this query in order to draw sympathy and favourable advice from our member-advocates. Plz note that the Court is more intelligent in grasping things from litigants during trial and materials available before it. You have to be 100% true to your lawyer first.

jai (no designation)     08 July 2010

Dear Sir ,

Thanks for your reply ,

check written by dot matrix printer and name of my friend and signed is my becoz he stolen my signed check and blank signed letter head and new date on check by dot matrix printer 

 

Please help me

 

jai (no designation)     08 July 2010

he put letterhead writing as "  1) I promiss to pay sum of 10 lakh to to my friend becoz in my worst condition of my company i taken company related product and instument which is worth of 10  lakh  from my friend . if my self unable to return by 2010 then all property land and home belong to my friend , and he written letterhead date as march 1999 in that year i signed and given promiss according to his false misuses 

 

after that he used my check and get bounced sum of 2 lakh , and he saying myself supposed to pay 10 lakh but whn my friend demand then i given him false check of two lakh and he filed case of 138 NI Act and file a separate case of cheating/fraud. on depend upon letterhead and check

problem is thats both check and letterhead signed by me 

now my bank is closed 5 year ago becoz of minimum amount balance so i can not get any help from bank and also company shut down and now i have no emplyment , he try to take my property on pressure 

 

Please help me what i do  i am in deep depression 

jai (no designation)     09 July 2010

Please help me all , it will really help for my family and me

Ravikant Soni (LAWYER IN JAIPUR)     10 July 2010

Dear jai

Dont bother and never use the word depression again.

 

can u send scan copy of cheque and letter head.

jai (no designation)     10 July 2010

Dear Ravikant soni ,

Thanks for valuable and supportive reply again . 

cheque and letter head copy i do not have , that copy with my friend and friend lawyer , police only show me the content during Investigation against me at first time 

 

please refer content which is i used prviously 

 

Please help me

Ayub S. Pathan (Legal Adviser)     30 July 2010

Mr. Jai,

Believe in yourself.

If you are true don't worry and don't get panic.

get a lawyer discuss and you will be relieved.

Check the provisions for time barred debts. Have you

Given any acknowledgement for it during this period, if not

RElax.


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