Legal Question in Criminal Law in India

Sir, i was issued a payee's account cheque by someone and that cheque was dishonoured. That cheque was issued to me by the accused's old running saving account and he issued me that cheque from his an old cheque book which was issued to him seven/eight years back by the bank. Also, all the particulars of the cheque were filled by me on his request like date, amount, my name etc. Now my questions are that in this case:
1) Can i file the complaint case us 138 of nia, to court or court will not admit my complaint on the behalf of that the cheque is filled by my hand.
2) Can court dismiss my case on the reason that the cheque was issued from an old cheque book because presently accused is using another new cheque book since a long time?
3) Can i file the complaint directly to police-station? If yes, then on which grounds, which laws and which sections?
4) Also in which police station? Where i am living and cheque was dishonoured or where the accused is living?
Kindly give me the answers in details serial wise and guide other positive/negative points.

Asked on 5/30/12, 8:42 pm

Fca Prashant Chavan Expert Edge LLP

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31.05.2012

Dear Sir / Madam,

1. Yours is a perfect case to file a complaint u/s 138. It is immaterial who has filled in the cheque as long as the drawer has signed the cheque.

2. You are not concerned whether the cheque was old or new. There is no prescribed time limit for usage of cheque leaves.

3. Yes, you can simultaneously lodge a Police complaint against the drawer in the local Police station where you live.

4. In the local Police Station where you are living.

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

Regards,

Answered on 5/30/12, 11:07 pm

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