Legal Question in Criminal Law in India
if a person lodge a case against other of 138 and says that he has send notice in 15 days of cheaque bounce and also has acknoledgement of receving notice.but the accused after receving summons goes to court and receives xerox of notice ,cheaque & acknoledgement comes to know that (1)cheaque which is said bounced has not been issued by him.(2) he has not received any notice (3) the acknoledgement is also fake his sign on it is fake . what action can he take against it on next date. the account from which the cheaque is obtained is not used by him for 2 years and the person who has lodge complaint has dispute with accused on other matters & his borther (appleant) is director of bank from which cheaque has beem issued.
2 Answers from Attorneys
First u can reply the same and then he has to prove ur signature and other details.
U can also demand dameges in the case as well as through defamation case after dismissal of the suit.
Regards
In the facts, the accused can petition for discharge.
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