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Dishonor of cheque due to mistake of bank employee what to do by law
26-Jun-2023 (In Cheque Bounce Law)
I have my saving account number is 910010031129289 at axis bank civil lines sagar branch sagar M.P. This is a case of Wrongful dishonor due to negligence or by mistake of bank employee. Bank had issued a Cheque Return Memo of dishonor of cheque due to insufficient of fund without discovery the forgery of the signature. Mr. Satish kesharwani S/o shri Uma kesharwani had stolen my cheque and put forged signature on it and produce the same for payment. The concern branch without discovery the forgery of the signature issued a cheque return memo of dishonor of cheque due to insufficient fund. Rather than being treated as a victim, I began to feel like the criminal as he had filed case > of 138 and continuously blackmailing me . When I inquired from the bank about dishonor of cheque they donot have any record of this cheque and they are telling me that none of my such cheque got dishonoured. What can I do now??
Had you filed FIR when your cheque stolen ?
If Satish has filed 138 NIA case he would have filed the copy of that cheque & bounce memo as well, you can verify your cheque from there.
What transaction Satish has shown before court against issuance of this cheque in 138 case ?
How much amount he has filled in the cheque ?
These all questions have the defense of your case & criminal case can be instituted against him.
If Satish has filed 138 NIA case he would have filed the copy of that cheque & bounce memo as well, you can verify your cheque from there.
What transaction Satish has shown before court against issuance of this cheque in 138 case ?
How much amount he has filled in the cheque ?
These all questions have the defense of your case & criminal case can be instituted against him.
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Adv. Ramniranjan Chaturvedi
Bhopal | 200+ Answers
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Dear
Aap apne pass ke sp ko complent kare our complent ki received apne pass rakhe our jo case aap par ni act 138 ka laga hai usko face kare . Case me hi apko defence milega our fake signature prof kare .
Aap apne pass ke sp ko complent kare our complent ki received apne pass rakhe our jo case aap par ni act 138 ka laga hai usko face kare . Case me hi apko defence milega our fake signature prof kare .
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Adv. Manoj Kumar Sen
Sagar | 25+ Answers
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As you mentioned your problem I will advise you that whenever you have got the knowledge of stolen your cheque you should have logged the FIR that your someone stolen your cheque, but now forget it and just follow the advice carefully.
The very first you log the FIR against the blackmailer under section 467, 468 of Indian penal code and tell the police that how your cheque has been stolen by him and put forged signature upon it and produce for payment and liable punishment under section 467,468 of Indian penal code becouse by doing forgery a document has been made which purports to be a valuable security which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, moveable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any moveable property or valuable security, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. If police authority does not agree to registered FIR then you can file private complain directly before the court of judicial magistrate first class and magistrate will record your statement and after that registered the case against blackmailer.
So it is the procedure to secure and when you will follow those steps so it would be helpful for you to protect you when blackmailer will file the complain against you under section 138 of negotiable instrument.
I hope this advice will help you to understand and face the problem.
The very first you log the FIR against the blackmailer under section 467, 468 of Indian penal code and tell the police that how your cheque has been stolen by him and put forged signature upon it and produce for payment and liable punishment under section 467,468 of Indian penal code becouse by doing forgery a document has been made which purports to be a valuable security which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, moveable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any moveable property or valuable security, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. If police authority does not agree to registered FIR then you can file private complain directly before the court of judicial magistrate first class and magistrate will record your statement and after that registered the case against blackmailer.
So it is the procedure to secure and when you will follow those steps so it would be helpful for you to protect you when blackmailer will file the complain against you under section 138 of negotiable instrument.
I hope this advice will help you to understand and face the problem.
Helpful?
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Adv. Rohit Jagwani
Gwalior | 100+ Answers
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