1) obtain signature from handwriting expert that signature on cheque is forged
2) cheque bouncing case can b filed only if bank returns cheque
3) contest the case
4) cheque bouncing cases take 5 years to be disposed of
NI act 138
I used to do business in SR nagar hyderabad on student academic projects. then two people joined as students and understood my personal issues very clearly then with Some people have extorted me and taken promissory note and cheque and they forged the signature which i use as my initial in business when i asked them accounts. By which they have presented in their bank account, for which they have initiated ni act138, surprisingly there is no record in my account statement regarding bouncing of cheque. and specimen signature in the bank does not match the signature in the cheque received from the court. now what should be my move
Asked 8 years ago in Criminal Law
Religion: Hindu
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5 Answers
Since it is a false case and thy hav forged your signature and fabricate documents, it would be easy to challenge their false case.
You can challenge the same properly on merits and you are likely to get relief if you challenge their false case strongly.
1. You should file a counter case against them for offences under sections 406, 420, 467, 468 and 471 IPC before the jurisdictional magistrate.
2. To succeed in 138 NI Act the complainant will have to prove that you had issued cheques in question to discharge a legally enforceable debt. If the bank statement does not show the dishonour of cheque issued by the accused the case is bound to fail.
1. There will be no record of dishonour of cheque in Bank statement.
2. have you lodged any police complaint after detecting the fact that your cheque has been taken away from you by extorting you. have you reported about your discovery of the fact that your signature has been forged on the said cheque? If not the do it now, otherwise your said argument will not be accepted by the Court.
3. For filing a case u/s135 of N.I. Act, the accuser shall have to prove with evidence that the accused has dischargable liability on him for which the said cheque was issued.
4. You shall have to contest the case on merit challenging that you ever had any dischargable liability on him.
You have to file a petition before the Hon'ble Court seeking send the document ( cheque) to the Forensic Science Lab FSL ( handwriting expert) for determination of genuineness of signature. The document will be refereed to handwriting experts. The TRUTH LAB, Banjara Hill, Hyderabad is providing good FSL services at Hyderabad. You have to pay Rs.7000/- towards FSL charges payable by way of DD and they submit reports. You have to submit specimen signatures for comparison. Different and incomplete signature also good ground for quashing the offence under section 138 & 142 of NI Act. You can also seek for quash the proceedings if the case is initial stage. Once you proved the signature is forged one than you can take criminal action against that persons for forgery, cheating, dishonest intention, criminal conspiracy and filing false document before the Hon'ble Court.
