Legal Question in Criminal Law in India

I am vinod, 25 years old i started business DS-TECHNOLOGIES (software company) all alone when i was 22 years old.In very short time my company grew to a level of 58 engineers (employees). I had 2 of my friends as working partners with no written agreements .1 year back the 2 friends whom i believed a lot cheated me to the core misused the company money made me completely bankrupt. Now i left with nothing neither respect nor money, they have en cashed nearly 40 lacs. I am not bothered about my loss.

Now the problem is they have stolen 2 blank cheques signed by me , and started blackmailing me, finally they dishonored one cheque (8,25000/-) and filed a case against me under section-138 NI act. and now they are demanding 20,00,000/- to with draw the case and in case if i dont pay they have one more blank cheque by that will do the same as the previous cheque.

Other than these 2 cheques no cheque dishonored in my account that is the only evidence i have with me, Keeping this evidence can i fight the case?

Please guide me how to proceed with it.Do i have any possibility to teach them a lesson?

Hoping for your valuable guidance

With Regards

Vinod Kumar P


Asked on 2/14/11, 10:57 pm

1 Answer from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Basically, the payee of a cheque is required to prove a legally enforceable debt or liability against the drawer of a cheque.

You have not mentioned whether you owe any legally enforceable debt or liability towards the payee of the cheque.

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Answered on 5/17/11, 11:35 pm


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