Legal Question in Criminal Law in India

Cheque A bounced, notice was sent, but 138 was not filed and it got time barred. Cheque B was bounced after some time and 138 was Filed. Both Cheque A and B are forged. Police say they can file FIR regarding cheque A. What if the person with whom the cheque is refuses to give the original cheque A for verification? Can police still file FIR? If he refuses to give cheque what should we do next?


Asked on 9/16/09, 2:29 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

an f.i.r. of forgery and cheating can still be filed and the original cheque B is in custody of the court and the court may hand over the same to the IO for investigation purpose and for sending the same to forensic lab and as far as cheque A is concerned, it has to be produced by the person who forged and he may not produce the same as the accused cannot be compelled to furnish evidence against himself. you may lodge an f.i.r on the basis of cheque B.

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Answered on 9/16/09, 3:04 am


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