Legal Question in Criminal Law in India

i had given a cheque to my insurance agent for paying my insurance premium, she took a blank cheque on the pretext that she will fill it herself as she does not know the exact amount, after some time she called up and told me that if we present the cheque on the 31st of march it will get cleared in a day or so as a result we will not get the tax benefits in the current financial year so she advised me to pay in cash which i did but that blank cheque remained with her after a year or so she has misused that cheque by presenting it in her account the cheque subsequently bounced and she has filed a case under section138 of the negotiable instruments act. the cheque has my signatures, the name and amount and date have not been filled by me. the serial number of the cheque which she has misused belongs to the cheque book which was used one and a half year before can any thing be done about it kindly help.

Asked on 4/16/13, 12:13 am

Setu Niket Curare Legal

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yes these facts need to be stated and clearly proved in the 138 case.

Kind Regards

Setu Niket

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Answered on 4/16/13, 12:17 am

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