Legal Question in Criminal Law in India

I lost my cheque book a month ago and reported for the same in bank as well as in Local Police Station. the person who steal the cheque book used one cheque with amount 5 lac and cheque got dishonoured as STOP PAYMENT LOST CHEQUE by the bank. Now he filed a case against me under section 138 and 142.
Please guide me for further proceedings and if there is any option to prevent from police arrest without paying

Asked on 5/19/11, 8:33 am

4 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

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When did you make a police complaint of your lost cheque book ? What relation you have with this man who has filed a complaint ? What are the contents of the complaint ? What was the liability you were to discharge towards him ? Has he filed any documents to substantiate his complaint ? Were your cheques sighed by you ? if yes then why ? Please clarify .

Answered on 5/19/11, 10:08 am

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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in case the complaint of lost cheque is prior to deposit of cheque, you have a good defence and you may also go for quashing of complaint.

Answered on 5/19/11, 11:08 am

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Shrichand Nahar S.V.Nahar, Advocate

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In a case under NI Act, there is no police arrest.

As far as further line of action, you may consider proceeding with trial by effectively defending yourself or you may consider approaching high court for quashing proceedings.

Basically, steps are required to be taken considering risk involved and your financial capacity to spend on litigation.

Answered on 5/19/11, 9:20 pm

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