Legal Question in Criminal Law in India

U/S 138, I have been falsely framed.

I had a business in partnership with the deed notarized in the year 2002. Later the partnership was dissolved verbally. We had a current bank account with on the firms name as M/s Icon Publication and I was the sole account holder though we had partnership. As we both had access to the cheque book, my partner filed a case against me by forging my signature. This is a case of 2003. I applied for the signature verification, but the judge did not grant the permission. My partner is asking for 70000 with the cheque valued at 50000 rs. please give me a way out. the inclination of the judge is always towards the other party which was evident many times.


Asked on 6/18/08, 3:47 am

5 Answers from Attorneys

Re: U/S 138, I have been falsely framed.

First of all, your facts are not clear to me.

How your partner is asking for 70000 when the check is for 50000?

Appeal for ruling against signature verification if there is time or else move High Court. File a petition to District judge for transfer of case to other judge.

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Answered on 6/18/08, 12:35 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: U/S 138, I have been falsely framed.

Sending cheque for examination and opinion of experts can happen any time. In all probabilities, the Judge may not be inclined to send the cheque for such examination at initial stage. You can start cross-examining the complainant on this point and then keeping further cross deferred, apply for sending cheque for examination of expert. Alternatively, you can approach higher courts against order of the trial court rejecting your prayer.

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Answered on 6/19/08, 1:05 am
Shrichand Nahar S.V.Nahar, Advocate

Re: U/S 138, I have been falsely framed.

Sending cheque for examination and opinion of experts can happen any time. In all probabilities, the Judge may not be inclined to send the cheque for such examination at initial stage. You can start cross-examining the complainant on this point and then keeping further cross deferred, apply for sending cheque for examination of expert. Alternatively, you can approach higher courts against order of the trial court rejecting your prayer.

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Answered on 6/19/08, 1:09 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: U/S 138, I have been falsely framed.

You could have gone for appeal when your signature verification request was denied. You can file a cash against your partner for forgery or wait till the decision of this court if judge is biased and gives decision against you appeal in higher court.

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Answered on 6/18/08, 7:46 am
G. M. Gupta gmguptaandassociates

Re: U/S 138, I have been falsely framed.

you should have consulted a good lawyer earlier but even now its not too late and consult anyone of ur choice or u can consult us.

i can advice only after going through the documents.

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Answered on 6/18/08, 7:58 am


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