Legal Question in Banking Law in India

Framed in Cheque Bounce

I GAVE A CHEQUE OF AMT 20000 TO A PERSON ON BEHALF OF MY CLIENT NAMED RAHUL, AS HE PROMISED TO PAY THE AMT TO ME, WHICH HE DIDNT. When i contacted the person whom i gave the cheque, he said that following cheque was lost by him, for which i registered a complaint in nearby police chowky, and even made stop payments for the lost cheques. Almost 6 months later, that person deposited that cheque, which was returned due to insufficient funds. He later send a notice to me. When contacted to my client RAHUL, he simply refused to pay back the person money, putting the blame on me. Its 2 months now frm the date i recieved the notice, and that person is threating to lodge a criminal case against me. Though i have the FIR of the lost cheques, that person has recorded on phone a converstion between us, where i agreed to have given him the cheques. Now, i am very confused and heart broken , as i m being dragged for nothing. Even my client, whom i trusted his word b4 giving the person a cheque, isnt helping me. I only signed the chq, rest was filled up by that person.

Sir i want to know does voice recording evidence play a major part in criminal cases, and is there any way where iu can proof my self innocence.

Please help


Asked on 1/29/08, 12:37 pm

4 Answers from Attorneys

Re: Framed in Cheque Bounce

The query has been already replied by me.

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Answered on 1/30/08, 11:40 am
Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: Framed in Cheque Bounce

same answer follows in other email

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Answered on 1/30/08, 12:11 pm
J. Radhakrishnan independent Practice

Re: Framed in Cheque Bounce

If more than 2 months have passed since the receipt of the notice for payment was received by you, the complaint by the payee/holder of the cheque would be time-barred. However the said person can file the complaint with the delay excuse petition. Voice recorded evidence is admissible provided the authenticity of the same has to be established. If you receive summons from court, you have to engage a good counsel and prove your innocence in defence. You need specific and personal legal assistance and not an answer on this portal

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Answered on 1/29/08, 8:40 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Framed in Cheque Bounce

Please contact personally alongwith the details.

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Answered on 1/30/08, 1:44 am


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