Legal Question in Criminal Law in India

Criminal

I had issued 3 cheques in serial orders.Out of these,2 cheques were honoured,remaining one was deposited 3years later.When the cheques were issued by me,only the signature and name of the complainant was written.Other material facts like dt and amount were left blank, the complainant in order that his dues may get time barred,filled up the details like dt and amount in his own handwritting with some exorbitant amount and deposited the cheque for clearing which was dishonoured by my bankers for want of sufficient funds,since the account had already gone into recovery 3 years back.MY queries are:Am I liable under Cr. P.C. under sec 138 read with 141,142,143?Suit has already been filed.Can any Director who has not signed any of the cheques,nor has he received the notice for dishonour of the cheques be made liable?Can I prove that the 3 rd cheque details were filled up after 3 yrs?If by some chemical/forensic analysis can I somehow prove that the ink used for filling the other half of the 3rd cheque was at a later stage i.e. after 3 yrs?Will the complainant be able to prove the claim of the exorbitant amount that he has filled,since there has been no transaction/dealings/payments/correspondence between 2nd and 3rd cheques?


Asked on 5/19/07, 12:58 pm

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

Re: Criminal

Under the provisions of section 138 r/w 139 NI Act, onus is on the accused to prove that there was no legally enforceable debt or liability towards the Complainant. It can be proved by various methods, including points taken by you in your query.

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Answered on 5/21/07, 4:11 am
G. M. Gupta gmguptaandassociates

Re: Criminal

you are not in a good position so better consult a lawyer with all papers. advices here are not good for you as these will not lead you anywhere because we give general advices and ur specific query needs thorough perusal of documents.

if you can prove that the amount is not due to you, you can save urself otherwise you will face music.

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Answered on 5/22/07, 10:04 am

Re: Criminal

you must have to prove you defence as stated by you.If any notice has been sent by the said person then you must state the said facts etc. since suit has already filed then subsequent criminal case u/s.138 N.I.Act is an abuse of process of law.For any other query you may call me.

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Answered on 5/20/07, 4:25 am


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