Legal Question in Criminal Law in India

negotiable instrument act - 138

I was having a deposit account in the name of my minor son in a proprietory concern which was giving yearly interest for the deposit amount since 1990. when i asked for the closure of the deposit account, the proprietor of the company gave me a cheque in full for the accumulated amount, in the name of my minor son. onbehalf of my son, iam operating a savings account im my son's name and despoitd the cheque for collection. the cheque returned by the company's bankers as accounts closed. on behalf of my son i have filed an 138 NIA case and is in progress. meantime the proprietor of the company has lodged a complaint against me that the cheque was stolen by me and i have mis used the cheque. this process is going on after returning of the cheque and after i had issued him a notice about the retrun of cheque. My question is. 01) am i eligible to appear before the court of law on behalf of my Minor son as a father and natural guardian. 02) the accounts are well mantained by the company and by me and there is proper legal liabilities. 03) is the police complaint given by the payee is in anyway will disturb the case. 04) Even the minor himeslf sworn before the Magistrate and his statement was also registered. Do I have a case or not.


Asked on 10/28/05, 2:15 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: negotiable instrument act - 138

If the drawer of the cheque is able to establish that the cheque in fact was stolen, then you may not have any case. You may considering tagging both the cases together and conduct the same one after the other like counter cases.

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Answered on 10/28/05, 4:15 am


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