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Manoj Kumar Jain (abc)     20 March 2012

Police proceedings in 138 ni act

Is there any police proceeings or investigations involved in Cheque bounce case u/s 138 NI Act. Party issued to me a cheque for payment. Cheque bounced for "INSUFFICIENCY OF FUND", give legal notice by lawer to party to making payment within 15 days. After receiving notice by party, party approach to police station and complaint against me that 

"Cheque was stolen by me and fill the amount  and sign also is forge". The sign matched with bank records but the party also denied his sign. Now Police harase me and threatning. What can I do now right now



Learning

 11 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     20 March 2012

There is one major flaw in your story , how you know that the signature matches with bank records.

Manoj Kumar Jain (abc)     20 March 2012

After deny sign on cheque by party, I went to bank and ask bank official to verify the cheque. Bank computer shows the same sign as put on cheque. 

madhu mittal (director)     21 March 2012

Respected Manoj ji,

what is your business and  how you got the cheque,  if you got the cheque for legal enforceable debt, no need to worry.

N.K.Assumi (Advocate)     02 April 2012

I dont think police has a role to play in NIA. But yes, if you loadged a complaint to the police for the stolen cheque but not for cheque bouncing. Decide which course you wish to adopt.

Bhabani Prasad Pujary (Dy.Manager-Legal)     24 April 2012

Immidiately file the complaint case U/s 138 NI Act and tell police that the matter is subjudice.

R Trivedi (advocate.dma@gmail.com)     24 April 2012

Both the cases will go on together. You cannot stop the counter blast. If you are truthful then subsequently you can claim damages from him. Are these cases likely to get filed in the same court ?  Tell the truth to police, show them the copy of Bank Slip or a letter from banker stating that signature is of accused (may be difficult to get such letter), police will calm down. If you are truthful, handling police is not a major issue.

R Trivedi (advocate.dma@gmail.com)     24 April 2012

Both the cases will go on together. You cannot stop the counter blast. If you are truthful then subsequently you can claim damages from him. Are these cases likely to get filed in the same court ?  Tell the truth to police, show them the copy of Bank Slip or a letter from banker stating that signature is of accused (may be difficult to get such letter), police will calm down. If you are truthful, handling police is not a major issue.

Subhajit Sarkar (lawyer)     25 April 2012

Dear Manoj, you stated that your opponent filed the police case against you after he received the demand notice from your lawyer and you are sure that the signature on the cheque is of him. I think he has taken a plea either to defend himself or to make you scared of police harrasment so that he doesn't have to face the situation, which he is supposed to face if you file the case u/sec 138N.I Act against him. So don't be affraid, just go ahed and file the case against him immediately before the stipulated period is over.

Subhajit Sarkar (lawyer)     25 April 2012

Dear Manoj, you stated that your opponent filed the police case against you after he received the demand notice from your lawyer and you are sure that the signature on the cheque is of him. I think he has taken a plea either to defend himself or to make you scared of police harrasment so that he doesn't have to face the situation, which he is supposed to face if you file the case u/sec 138N.I Act against him. So don't be affraid, just go ahed and file the case against him immediately before the stipulated period is over.

Kishtaiah (Advocate)     28 April 2012

Yes, as Sarkar opines, the police complaint is premeditated step to take a defence in your 138 NIA case to be filed.  Please go ahead filing the complaint u/s 139 NIA.  And since you are accused in counter blast police case explain your position and record your 161 statement covering these points.  If you wish you may file a quash petition or let it be tried.  You will be acquitted in criminal case and win on your complaint in NIA.  Find a smart lawyer.

k.kumar raja (advocate)     29 April 2012

bhabani prasad pujari is very correct.


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