Legal Question in Criminal Law in India

i need some expert advice please help.

i have been booked under 138 ni the complainant , by the PRL. CIVIL JUDGE AND JMFC , i was issued a hand summon and i appeared in front of the honorable court and took the bail as on 31-12-2013.

case filed on - 02-11-2012 FIRST HEARING summon was issued but to a different address lots of times and then they issued a hand summon which was delivered to my home address on 30-12-2013 as i received it and appeared in the court for bail and took it. now the next hearing is on 30-1-2014.

about the case - 1. I have a criminal case pending for ipc4 20 , in which the police have issued the notice to the bank to block all further transaction and have also mentioned that in the seizure report of the complaint filed u/s 420 of ipc on 12-2-2010.

2. The cheque in question belongs to the same account which is blocked by the police .

3. the check has been reported stolen to the police on 10-06-2010 and the cheque number has been mention in the complaint statement along with the entire scenario under which these miscreants have forcefully taken the blank cheque . please not the cheque is blank does not contain a date or the amount mentioned in it. the same has been reported to the police and have given me an NCR copy of the acknowledgement and i also have the true copy of the complaint with me which i took under the rti act.

4. the complainant has been causing problems to me since a long time so i have obtained an injunction order against him way back in 9-2-2010 and issued a legal notice(the name of the complainant is mentioned in both legal notice and the injunction order).

5. the complainant says in his notice is as follows "yourself and my client are well known to each other since several years for you legal necessity and benefit of the family and business purpose you requested my client to advance a loan of rs 9lacs considering you request my client advanced a loan on rs 9lacs on 10-10-2010.that at that time of you borrowing the said loan you agreed to repay the same with in 4 months. that at the time of your borrowing the loan you issued a POST DATED CHEQUE I.E DATED 5-2-2011 FOR 9LACS BEARING CHEQUE NUMBER -051476 OF HSBC BANK believing your words my client has sent the cheque for clearance on the specified date and the cheque has returned with endorsement on 11-2-2011 to the effect "ACCOUNT BLOCKED"

My lawyer has already replied to the complainants notice specifying all the aspects of the case above mentioned .

6. i am the prop of the company and the cheque is in company name .

my questions

1. please let me know can i file a case dismissal in front of the same court which filed my case.

2. how can a person pay me 9 lacs without any agreement or paperwork , also after all the legal case , injunction ,NCR issued to police , all these things have happened 4 to 6 before.

3. what is the relief for me

4. please its a request please send me the details of similar case judgements and also the book reference from some law books which can specify that 138 does not apply as the account is blocked by police in previous fir filed against me.

5. please assist me with the best suggestions .

details of the case filed.

cheque issue date - 5-2-2011(as per complainent)

cheque returned date -11-2-2011(account blocked)

legal notice sent by complainent on - 1-3-2011

reply sent by my advocate - 31-3-2011

case filed by the complainant date - 22-09-2012

Registration date of the case - 22-09-2012

my question is the complaint has to be made with in 30 days right ?plz look into these dates and send me the detail resolution .

I appreciate your help. thanks in advance .

1 Answer from Attorneys

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