Legal Question in Banking Law in India

Beng framed in a false Cheque bouncing case

I had lost 2 blank cheques , with no signature in it on may 2007. I had registered a complaint against those missing cheques in the bank as well as nearby police chowky.

Months later on Nov 20 2007, I recieved a letter from an advocate claiming i have bounced his client cheque on Nov. 10 2007, giving me 15 days to pay the amount that is stated Rs 30,000.00 .

As i had hardly any transactions from that bank, for last 8 months or so, nor do i have any current statement, i wasnt aware of this fact untill the letter came in.

After, checking with the bank, i found that check was the one that was lost 5 months ago. Also i dont understand how the bank authorities have returned the cheque claiming insufficient funds even when the signature wasnt mine.

Pls let me know whats the best possible way to handle this matter, as i am totally confused at this time.

Thank you


Asked on 11/30/07, 12:19 am

7 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: Beng framed in a false Cheque bouncing case

Lodge a complaint in the police and please contact personally alongiwith the details.

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Answered on 12/02/07, 12:40 pm
Amit Shukla AS and Associates Legal Services

Re: Beng framed in a false Cheque bouncing case

Please contact personally.

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Answered on 12/01/07, 9:25 am
J. Radhakrishnan independent Practice

Re: Beng framed in a false Cheque bouncing case

If the cheques have not been signed by you, you are not liable on the same. Since you have already reported to the Bank and to the police that cheque leaves were lost, immediately give a reply to the notice received by you that the cheques in question are forgery not signed by you and no liability can be cast on you on the basis of the same. The Bank might have returned the cheques on finding that there were no funds, if that was the case instead of replying that the cheques were reported by you to have been lost in blank and the signatures on the same were not yours. You need not worry on the same but ensure that you promptly repudiate the genuineness of the cheques and if the notice giver proceeds further by filing complaint under Sec.138 of the N.I.Act, defend the same on the above plea, through a competent lawyer. You can also ask the court to send the cheques to forensic handwriting experts for an opinion on the signatures appearing on the cheques, and if they also support your case, you can defeat the prosecution and also claim compensation for the false complaint.Please seek local counsel's assistance in the matter immediately and proceed.

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Answered on 12/01/07, 9:38 am
G. M. Gupta gmguptaandassociates

Re: Beng framed in a false Cheque bouncing case

dont worry at all if you are true then you will win the case.

you can do one more thing that u move application for malicious prosecution and some other things in the court against that person.

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Answered on 12/08/07, 9:52 am
Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: Beng framed in a false Cheque bouncing case

immediately go the police station where you have filed complaint for loss of unsigned cheques , show them notice and polcie would call client of such advocate who has issued you notice and would register the offence of forgery and other offences and also tender a reply to advocates notice within 15 days from receipt of notice

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Answered on 12/04/07, 11:49 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Beng framed in a false Cheque bouncing case

First thing you could do is sent a reply thru an advocate for the notice recd.You may if you wish contact me for the same.

I dont think the matter will go further after receiving reply as it will be almost impossible for him to prove that the chq's were issued by you.

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Answered on 11/30/07, 9:39 am

Re: Beng framed in a false Cheque bouncing case

Firstly you lodge complaint with police and also send your reply to the notice stating all the facts and deny you liability.In case of need contact with details.Professional charges are applicable.

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Answered on 11/30/07, 11:52 am


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