Legal Question in Criminal Law in India

My close friend is going through a false/fraud case of NIA 138 case filed by his landlord against purchase of house. The complainant (landlord) had filed a wrong case against my friend. A cheque that my friend had given to him while purchasing the house. But due to shortage few Rs. 200-300 the cheque got bounced & for this the bank didn't bother to inform my friend regarding cheque bounce.
Intially the landlord said the bounce cheque is with bank, so after 2 days my friend issued a new fresh cheque & paid the desired amount. but in between some disputes arised in the property purchase. Then the landlord on advice of his lawyer used the old cheque & without informing my friend, he deposited the cheque in bank & made it bounce & with help of his lawyer filed the false NIA 138 case against my friend. Being student he was not available to one of his date so, he had being issued a Non-Bailable warrant (NBW), for which he appeared in court & paid the fine.
In defence, my friends lawyer cross examined to landlord but the landlord is telling lies & now he is telling that he had given a friendly loan to my friend in 3 installment & that also in cash withdrawn from his own accounts that have entry in landlord's passbook but with different dates to what he had mentioned in cross examination.
Actually the landlord's lawyer issued the notice for stating that landlord had given me a friendly loan of sum amount in month of june & he reused my friends old cheque without his information made it bounce & filed case in month of october.........but now he is telling that he had given friendly loan to my friend in cash in month of march itself...as such at that time he had made transactions for his own benefits but now he is relating those transactions to my friend & that also in cash.
i hope this information may help you to understand the case.
My friend & his family is in mental stress due to this. Kindly advice for the proper way out legally

Asked on 12/07/12, 3:37 am

Shrichand Nahar S.V.Nahar, Advocate

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At this stage, an effective cross-examination of complainant and his witnesses and leading appropriate defence evidence may be useful.

Answered on 1/16/13, 3:22 am

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