Stolen cheque got dishonoured

First of all tell me when ur cehque was stolen whether u had filed any complaint with police station or not?

First of all tell me when ur cehque was stolen whether u had filed any complaint with police station or not?

I do agree with my Ld. friend. But there are further more querries to be cleared & that are:-

Have u informed ur bank about its stealing;

Whether u were aware about the fact that the cheque had been stolen by ur friend if yes, whether u have mentioned his name in complaint or not, if not then y?

for further querries u can contact me at:-

BUDHIRAJA & ASSOCIATES

253, AGGARWAL SHOPPING COMPLEX, CD-BLOCK, PITAMPURA, DELHI

MAIL ID- rakhibudhiraja@gmail.com

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for stolen cheque u have inform the drawee bank about cheque is being stolen and ask it stop the payment if it is presented to the drawer,

secondly u have to file FIR

If u have complied thse there is no obligation on that cheque.

for stolen cheque u have inform the drawee bank about cheque is being stolen and ask it stop the payment if it is presented to the drawer,

secondly u have to file FIR

If u have complied thse there is no obligation on that cheque.

But you said you came to know about the cheque only when you received the notice. It is not a reasonable explanation because yiou have to prove the circumstances for keeping a cheque for five years without any dealing woth bank. Prudent argument lacking.

I feel there is good defense even if no FIR ri loged and nothing was done till the motice for dishour was recieved.

1) The issuer of cheque has to prove when the relevant cheque was issued.

2) What was the sequece of transectons with the particular bank after that particular cheque.

If no of cheque books were issued after the related cheque and no of transections were done , it is a valid defense that the relevant was misuded.

Please go through all the details and if you have the abov relevant data a FIR can be filed even now and a private case of cheating can also be filed.

While claiming the incident of stealing of cheque the party should  have a valid alibi to the origin of date of the respective  cheque.

stand not at all tenable....it is presumed under sec 138 that the cheques are given for discharge of some liability until proved contrary..

Presumption is valid only if not rebutted. As per your own reply Mr Vinod that the provision in the section is unless proved contrary. So the accused has always right to prove contrary with evidence.

for all my ld. friends who have obliged the guest by giving their well thought opinion, there is a latest judgment of Hon'ble SC on 138 and 139 of Negotiable Instuments Act....pls examine this judgment for ur professional purpose....examine it then agian respond here.

the title is

Krishna Janadhan Bhat v/s  Dattatraya G. Hegde reported as 2008(1) RCR (Criminal) 695 SC.

i dont know whether the said reporter is avialable with all of u, but do find it in some other reporters under the same title...its an interesting judgment.

there is no need to file complaint for stolen cheque eventhough the person who gave legal notice to you he must prove there is recoverable debt then only he succeded and in last 5 year how many cheques you have been used