Legal Question in Criminal Law in India

A case of 138 NI act has been filed against my parents. The cheque in question is a stolen one and the signature is forged too. We have filed the matter in High Court for Quashing. Can we also file for 156 (3) in the lower court too for police investigaton in connection with the forged cheques? Please advice, will filing 156 (3) affect our Quashing proceedings in the High Court? Thank You

Asked on 9/02/09, 7:56 am

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Filing of a criminal complaint should have preceded the quashing petition in high court. You may file it now. The high court may not quash the complaint on mere allegations of forgery unless there is substantial evidence available on records.

Answered on 9/02/09, 8:05 am

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KAMAL GROVER

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If you have proof that you have already file DDR for lost or theft of your cheque then your quahing application will be admitted else rejected.

If DDR is there then wait till quashing.

plz provide your location.

[email protected]

Answered on 9/02/09, 10:35 am

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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quashing is related to the matter filed by the opposite party and your filing a complaint of forgery and cheating and asking the police to register an f.i.r. is a distinct offence. you can file the complaint.

Answered on 9/02/09, 11:52 am

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