Legal Question in Criminal Law in Alabama

Fraudelent use of cheque

We took agency of one company who in the year March 2002 taken one blank security cheque from us.

The party fraudelently changed the date of cheque from 2002 to 2003 and presented it in the bank in september 2003.

The Cheque Bounced with the following written in return memo by bank

a)Insufficient funds

b)Alteration in date.

We were served notice under section 138 for which we gave reply

Now the party has filed a case in court under section 138 and also Section 420 wherein they allege that the date had been changed by us.

Please advise the remedial measures and what can we do against the party.


Asked on 3/14/04, 4:10 am

2 Answers from Attorneys
Verender Kumar Nagrath LegalEx Box

Re: Fraudelent use of cheque

If you have any proof that you had given the said cheque being a security amount in the month of March 2002 and the company illegally with the intention to cheat & breached the trust, changed the date as March 2003, a separate complaint can be filed against them. But as for as the said case is concerned it is to be checked that notice has been given within stipulated period of 15 days and the complaint had been filed within stipulated period of 45 days etc. Besides this defence of said proof can be taken in the complaint. In this case, burden of proof is upon you that you had no liability at the time of given cheque.

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Answered on 3/18/04, 8:41 am
Mahesh T. Pai M. A. T. Pai & Mahesh T. Pai

Re: Fraudelent use of cheque

Since they have already taken the matter to court, it will be better if you meet a lawyer. It is surprising that you receive notice for a cheque presented in September 2003, only now. It will be a very ugly situation if the lawyer actually conducting the litigation on your behalf has a different opinion from us.

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Answered on 3/14/04, 5:55 am


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