Legal Question in Criminal Law in India

138 MISSUSE (Cheque as Security)

I was looking for finance for my project, I met Mr KS. who agreed to finance my project, Mr KS also gave approval and terms and conditions letters.

Mr KS agreed to finance once I arranged the stamp duty fees required to register the agreement. As i did not have the funds then Mr KS accepted a Cheque as Security for the amount without the name mentioned on it . . I trusted him and gave him the same. This was in the month of November 2005 later on nothing happened, and Mr. KS dissapeared and I got busy in my work. in May 2006 I recieved a call from Mr.X stating that I have taken friendly cash Loan from his wife and he has my Cheque to prove it. he deposited the cheque and has succefully filed a case in the court under section 138. I do not know who this person is and i have neither seen him or met him or any of his family members before.

I seek ur advice and help in the matter. THIS IS THE SAME CHEQUE THAT WAS ISSUED TO Mr K.S. pls advice


Asked on 11/12/07, 3:08 pm

5 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: 138 MISSUSE (Cheque as Security)

This is a case of fraud by mere duress. Lodge complaint with police.

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Answered on 11/16/07, 4:27 am
Shrichand Nahar S.V.Nahar, Advocate

Re: 138 MISSUSE (Cheque as Security)

If you succeed in rebutting the presumption in favour of holder/payee of the cheque, you can succeed. The facts stated above, if proved, would rebut the presumption.

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Answered on 11/13/07, 12:22 am

Re: 138 MISSUSE (Cheque as Security)

This is a clear case of cheating/fraud.Lodge complaint with police and then sent reply to the notice.You will get the chance to rebutt the complaint In case of need contact with details.professional charges are applicable.

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Answered on 11/13/07, 6:10 am
mrugank patnaik msnp

Re: 138 MISSUSE (Cheque as Security)

lodge F.I.R. in police station or file acase in court u/s 406,420,ipc

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Answered on 11/13/07, 11:18 am
G. M. Gupta gmguptaandassociates

Re: 138 MISSUSE (Cheque as Security)

file case of fraud and if you are so negligent about cheques then you have only yourself to blame.

anyway the case documents are required to be seen to advice appropriately

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Answered on 11/13/07, 12:59 pm


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