in Criminal Law Civil Law
Asked October 04, 2017

Cases regarding cheque bounce

  • 1 Answer

My cousin brother has filed 2 legal cases (Section 138 cheque bounce and Money suit). Another friend of my same cousin brother (unknown to me) also filed 2 legal cases (138 cheque bounce & money suit on promissory note) Since I am based out of Bangalore and from Apr 2013 till Feb 2015 was working from Pune, during period in Dec 2014 my cousin brother has theft 5 blank cheques, 2 promissory note and 2 bond all blank documents from my parents house (in Bangalore) and utilizing this he has filed 2 cases and given these documents to his friend and even his friend has filed 2 cases. In one of the cases filed by my cousin brother I have been convicted in both trial & session court and moving to high court in this regard and other 3 cases are still in trial court. In addition his friend who has filed a money suit has forged my mother's signature in the promissory note. Initially I had engaged a lawyer for trial and session court and becoming unconvincing with lawyer I have decided to conduct as party in person. However now again my cousin has filed 4th case on money suit and like to inform that I am being conducting all the 4 cases as party in person. I am alone working person to my family and becoming difficult to take every time leave on all four different dates of cases. It is becoming difficult to focus on all the cases / family and work by alone. Now I am getting mentally harassed. Kindly advice what next action need to taken against my cousin brother, can I file a another case or lodge a complaint / FIR at police station against harassment. 

Answer 1

It is advisable that you hire a competent and prudent adovcate to save your time and also to ensure exercise of legal expertise. The fisrt step you should take is to fight the pending cases on merit by collecting evidence to establish that the said instruments were stoled, forged and misued by the complainnats (your cousin and his friend). Later you may file a criminal defamation case against them u/s 499 & 500 of IPC, a criminal complaint u/s 182 of IPC for malicious prosecution and a civil defamation case for claiming compensation for the damages caused.




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