Legal Question in Criminal Law in India

Need defence legal advice on Section 138

Hi

Before marriage, my wife took a kinetic on loan from ICICI bank. After marriage we decided to pre-pay the leftover amount.

We went to her parents home and her ex-boss visited on that day(She was working before marriage), we were in hurry to leave for my home town. She trusted on him and gave him a blank cheque, she didnt write date, amount or name on the cheque but she put a note on the pending left leaf of the cheque, stating its purpose and date. When we returned from my place back to her parents home, she asked him about the pre-payment on phone. He said he didnt get time to put the cheque. We went to bank and I pre-paid the rest of the amount using cash, we forget about the cheque.

After more than a year, the relations went a bit bad and he placed an amount of 2 lakhs on the cheque, placed a current date and bounced it. Then he filed a case under section 138 in order to Harass us.

Can please someone suggest, how should we go on this. Its around 4-5 months till he filed the case.


Asked on 11/27/06, 1:26 pm

4 Answers from Attorneys

Re: Need defence legal advice on Section 138

Dear sir,

the problem arouse because of your negligence and blind faith.It is advisable to firstly file a case of cheating/forgery/breach of trust against the boss and further you contest the case u/s 138 N.I.Act and prove that there was no relationship with boss nor any financial transaction took place and tere was no lawful consideration ever existed between your wife and boss.Did you sent the reply of notice which might be sent by boss prior to filing of case? you should prove your case of cheating etc.against boss.

In case of any other query/assistance cal on my mobile no.9873343288.

thanks.

siddharth

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Answered on 11/28/06, 2:52 am
D. M. Bhalla D.M LAW CHAMBER

Re: Need defence legal advice on Section 138

i need to say at the outset that you have got a very good case and you can noose that guy by lodging a criminal case against him. he has dug a grave for him and that you have to do is to just give him a push. for further details you have to take an appointment and rest assured that you got a good case to teach him a lesson.For taking appointment call 9811062868

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Answered on 11/30/06, 1:12 pm
Vishwa Arya Arya & Co.

Re: Need defence legal advice on Section 138

Dear Gentlemen:

Such situations, it would depend upon the kind of evidence you have. Since it was a year ago you gave him the cheque, one of the defense cud be the leaf of the cheque and the new cheque book of the date which has been put on the old leaf of the cheque. Secondly, the payment you made in cash to write off the loan. thirdly the difference in ink on the portion with you and on the cheque he has. the difference in handwriting is another ground. It will really require the need of an advocate. you shud not handle such delicate issue your self.

bhushan arya

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Answered on 11/27/06, 1:39 pm
sheena VC legalalia

Re: Need defence legal advice on Section 138

You didn't mention whether she has signed the cheaque if so you'll have a tough time convincing the court about these facts.The best way would be to make an amicable settlement with the boss.Thank You.

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Answered on 11/28/06, 1:10 am


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