Legal Question in Criminal Law in India

138 ni

i had got an notice under certificate of posting in the month of august 07,stating that i had issued 2 high value cheques to the complaintant respectively dated 26/7/07 as repayment of hand cash loan ,wereas i have''nt issued any of the cheques to the complaintant and past 10-12 years i have not been using the bank account who''s cheques are in question,the complaintant happens to be an acquintance.as such i have never borrowed any money from him,but now in the month of april i have received court summon for the same,what will be my stand.


Asked on 4/16/08, 7:38 am

6 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: 138 ni

If cheques are singed by you, you will have to face the trial. If cheques are not signed by you, you can opt for moving High Court or Sessions Court for quashing.

If you are required to face the trial, you can raise and prove your defences in accordance with law.

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Answered on 4/17/08, 12:46 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: 138 ni

Who has sign the cheques and how did it come in the complainants hand's.

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Answered on 4/19/08, 8:59 am
Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: 138 ni

in criminal case trial court has no powers to decide the prosecution null and void without going into merits and as such you have follwoing options 1) go u/s 482 of Cr.P.C. to High Court and seek quashing of proceedings 2) go in revision before sessions or High court against the order of isuance of process order 3) go in Writ to High COurt or Supreme COurt and seek such remedies . 4) file a criminal case of cheating , forgery or false case etc. to pressurise the complainant

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Answered on 4/18/08, 10:46 am
Vipindas Thalakalat Das and Das

Re: 138 ni

You can apply for bail at the moment. You can deny the transaction at the evidence stage.The exact defence can be suggested only after perusing the complaint and documents prodiced before the Court.You may feel free to scan the copy of the complaint and other records to suggest the exact defence to be adopted in your case.

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Answered on 4/17/08, 8:55 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: 138 ni

Please contact personally alongwith the details and the copy of the complaint to advice you on the right tract but you can apply for the Bail at the moment.

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Answered on 4/20/08, 2:08 am

Re: 138 ni

You have a good case.prove your case in cort also.Take help of a lawyer.

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Answered on 4/26/08, 2:16 am


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