Hello,

Please reply to the said notice in the best possible way and if the notice has been served a case will be filed subsequently but filing a good reply will ensure a good defence for you, also in the reply you have to tell them that if such case is filed then you will be forced to file a complaint under section 211 of IPC.

Regards

1) contact a local lawyer reply to legal notice

2) mention that cheque was stolen by associate of bank .

3) bank has refunded the amount

4) file police complaint against the person who stole the cheque for criminal breach of trust , theft

See as per law anyone can send you a notice and also he can file a case on false basis, that is why I am saying you will have to send reply to the legal notice vehemently with a warning that if a case is filed in furtherance of this notice then you will be forced to file a cross case.

Regards

Hello,

Sure that is Sir, but that is a matter of trial and you will put this defense before the court once the case is filed, but what I am saying is that if you give a strict reply to the legal notice sent, then firstly- you will have a good case to fight in the lower court and secondly he might refrain himself from filing a case.

Regards

When you issue a blank cheque you authorise drawee to fill in the details . It is not material alteration of cheque

Judgment of Kerala HC is inapplicable to your case

File police complaint against your friend for fabrication of documents , criminal breach of trust if has prepared false documents of amount due to him

1. Section 138 of N.I. Act is applicable on dishonour of cheques which have been issued against dischargeable liabilities.

2. Section 138 of N.I. Act is not applicable ion security cheques.

3. If the security cheques issued by you to the bank has been stolen and used by another person then the bank should lodge a police complaint against the said person.

4. If you have evidence that you had deposited that cheque with the bank as security cheque, then you should now lodge a police complaint against the said person also involving the bank.

5. Reply to the said notice issued by that person u/s138 of N.I. Act fittingly.

1. If he has manufactured false documents to prove your dischargeable, then lodge police complaint bringing the charge of cheating and faking of documents against him.

2. Also write to the bank to inform them that the security cheque issued to them has been illegallyt used by a third party.

1. The question is whether the cheque in question is a security cheque issued to the bank, as claimed by you in your first post, or not.

2. If you can prove that the cheque has been filled two months after signing the same, then it also will be considered as security cheque dishonour of which does not attract sec.138 of N.I.Act.

1. File a case of cheating and criminal breach of trust against the party which has served you the demand notice for cheque bounce.

2. Reply fittingly through your lawyer to the notice served on you. If it files a case of cheque bounce then you may even move the High Court for quashing of FIR.

Kerala HC judgment will apply only when the trial begins.

One of my cheque out of 19 cheques sent to bank as security for the purpose of taking housing loan was stolen by a close asociate of bank .The cheque was used and amount got deducted from my account at 1.10. pm. On giving a letter to my bank the same moment, regarding the issue of the lost cheque, bank has refunded the amount the same evening. Now party has served notice under section 138.

If the bank has promptly refunded the amount then the party who presented the cheque should be having the return memo issued by the bank and the reasons mentioned therein for return,.

Since the fraudulent transaction was deducted and the bank has taken prompt action the police.

Even now you first lodge a criminal complaint with the police about this fraudulent activity by producing the details of bank transactions and simultaneously give a reply to his notice denying his allegations and also mentioning hi fraudulent activities in this regard.

Party has prepared false documents of amount due to be paid to him. He is a close associate of sales team housing finance group. He is even close to me and has some business documents copy in his control. What to do in such situation.

You can send a letter to the lender bank communicating the details of this person and also about the fraudulent transaction that took place recently.

You may also inform the bank that the said fraudster is in possession of copy of the documents as well as having access to bank loan data of not only yours but also others hence his activities may bring disrepute to the bank among the public.

A copy of this letter may be sent to the higher office of the bank

This will certainly bring some relief to your insecured situation.

As per Kerala high court decision difference in ink and handwriting also amounts to alteration of material facts. Is that applicable to my case. The cheque is filled by the party after two months of signing the cheque.

Your case may not fall under this category.

This is a clear fraud.

He has misused his power by stealing the cheque you have deposited with the bank for the purpose of security.

You have the record of the cheques issued to the bank for the purpose of security.

So the bank is held liable for this fraudulent activity of its staff.

The police complaint about this itself would bring an end to his further activity.