Legal Question in Criminal Law in India

Sir, i want to clear two doubts as:

1) In cheque dishonor case, is it compulsory from legal point of view that the same lawyer who gives the notice, will file the case in court. No other lawyer can file the court case.

2) I was given a blank signed cheque(without date/amount/name) by a person in 2008 against my payment, but after a few days he closed the account in the same year 2008. I still have that blank signed cheque with me. If i present that cheque in bank now in current date, then bank will definitely give the intimation after cheque dishonouring that the account is closed since 2008. I want to know that if i file the court case, this report of bank will go against me or in favor of me because after all, how and why a person whose account has been closed since 2008, will issue the cheque in 2012.


Asked on 6/02/12, 9:30 am

3 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

02.06.2012

Dear Sir / Madam,

1) You can choose any Advocate / Lawyer as you please to represent your case in the Court.

2) The onus to replace the cheque given to you with a current cheque of an operating bank lies on the drawer. You have no means to know that the drawer has closed the Bank A/c unless and until you have deposited the cheque into your bank A/c and the same is returned back unpaid. You have a strong case in Court, but you have to do it quickly. What is the reason for such a long delay from your side of 4 years, to present the cheque for clearing.

You can mail me for any further on-line advice at [email protected]

Regards,

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Answered on 6/02/12, 9:52 am
Shrichand Nahar S.V.Nahar, Advocate

1. Not necessary. You may appoint any lawyer.

2. Primary burden is always on the complainant to establish all ingredients. .

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Answered on 6/03/12, 1:06 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

it is not mandatory that the lawyer issuing the notice should file the case. as you fully aware that the account is closed since 2008 and you received that blank cheque, in case you fill in the details including the current date, it is you who would have to answer the same in cross examination.

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Answered on 6/03/12, 2:47 am


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