Legal Question in Criminal Law in India

False case of 138. Whar are the remedy

er 138 stating that chq has bounced in Oct-08 with-the help of a letter from his bank and w/o chq return-memo of Oct-08, D/B note etc.

I enquired with my bank; they said it was not presented in Oct-08, though it got bounced once in Jun-07. But fact is that they served me a notice for bounce of Oct-07 only. I went to filer�s bank and his bank clarified that it was there mistake to issue a letter stating that it got bounced in Oct-08. Filer�s bank clarified their mistake to filer in writing along with CC to my bank. During affidavit stage, filer gave chq return memo of Jun-07 and just a slip copy of chq deposition for Oct-08. I am confused; why filer and his advocate is trying to cheat the judicial system! Whether it is a legal debt or not is a next question but first of all why are they trying a frame a case under 138 when chq was never presented to my bank in Oct-08 as, clarified by their and my bank!!

What remedy do I have? Do I have to go for length process of cross questing on affidavit docs, proof verifying, reply filing etc. or there is any short cut under some section. Wht action can I take against filer's bank for issuing is a wrong letter, which formed a base of this case.

Any higher authority for quick result?


Asked on 12/09/08, 12:29 am

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

Re: False case of 138. Whar are the remedy

You need to decide on your defence and cross the complainant and his witnesses.

Thereafter, you will be entitled to call your witnesses, in which you can call Bank Witnesses.

There are not quick result in any court proceedings.

Issue of action may arise only after recording of evidence is complete.

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Answered on 12/09/08, 12:36 am
Lawbird in Delhi Taneja Law Office

Re: False case of 138. Whar are the remedy

Approach High Court for quashing of this complaint.

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Answered on 12/09/08, 2:06 am
Nasir Butt Nasir Law Associates

Re: False case of 138. Whar are the remedy

You may either go to High Court for quashing FIR or go to in cross examination which, according to the facts given, will succeed in your favour.

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Answered on 12/09/08, 5:26 am
Nasir Butt Nasir Law Associates

Re: False case of 138. Whar are the remedy

You may either go to High Court for quashing FIR or go to in cross examination which, according to the facts given, will succeed in your favour.

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Answered on 12/09/08, 5:26 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: False case of 138. Whar are the remedy

High Court has power to quash complaints

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Answered on 12/09/08, 7:22 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: False case of 138. Whar are the remedy

The best advise is to approach the High Court for quashing the complaint.

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Answered on 12/15/08, 6:32 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: False case of 138. Whar are the remedy

Irrespective of your defence, the fact remains that the debt is legal and they can also file a recovery suit; better consider a compromise.

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Answered on 12/09/08, 9:52 pm


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