What to do when someone forcefully took signed cheque book

My friend forcefully took my signed cheque book and presented nine cheques in the bank. All cheques have bounced due to insufficient fund in my saving bank account. After that, he sent a legal notice to make the full payment in fifteen days.

Sir, I want to inform you that the total amount signed in the cheque is higher than the actual outstanding. He tried to file a false case under section 138 of the Negotiable Instrument Act for the dishonour of cheque. Hence, he presented those cheques and served demand notice to me.

I am at the verge of substantial economic crisis and not able to pay the whole amount. A lawyer friend suggested him to do that act o as to book me in a criminal case. Please help.

How could you say that he has taken those cheques forcefully? When a person issues a cheque, the law presumes that he released that cheque in discharge of liability. Section 139 of the Negotiable Instrument Act enables the court to take such presumption. Hence, a presumption of financial obligation goes against your favour.

Why did you not lodge an FIR when your friend forcefully took those cheques? Your conduct proves that you have given the cheque for the payment of existing dues. When debt is present, the law presumes that it has issued in discharge of that debt. 

Amount of cheque is higher than the actual debt

This fact goes in your favour, and it proves that your friend has dishonestly presented that cheque to initiate the criminal proceeding. When he presented those cheques for encashment, he knew the actual amount of debt. So he had no right to receive the amount higher than the real liability. This act proves that your friend had dishonest intention when he gave that cheque for clearance. 

You are debtor of your friend to a certain amount of money. So the court will presume that you have issued those cheques for the discharge of that amount. When the amount bearing in the cheque is higher than actual debt then it prima facie proves that your friend has committed fraud. 

You should lodge an FIR

The circumstances of your case require that you should immediately register an FIR. Your friend has committed forgery and attempted to extort money from you. He had knowingly and dishonestly tried to withdraw money from your account, which is higher than the actual debt. 

The act of presentation of those cheques bearing the amount higher than debt constitutes the offence of forgery. Forgery is a cognizable offence and punishable under section 465 of the Indian Penal Code. 

Send replay of demand notice

You should immediately send the reply of that demand notice because you have only fifteen days. According to section 138 of the NI Act, you have to response the demand notice within fifteen days from the date of receiving. It would be best if you gave the reason for the dishonour of those cheques.

Wife has filed many court cases concerning the matrimonial dispute

My wife has filed many court cases towards the matrimonial dispute. I have also filed a case under section 9 of the Hindu Marriage Act for restitution of conjugal rights. The said case is running for more than two years and currently at the argument for maintenance. The court has granted the visitation right, but my wife flouted it. Therefore, I filed a contempt of court proceeding against her.

After that my wife approached the high court under section 482 of the CrPC for quashing of the criminal proceeding. She has filed an application under the Domestic Violence Act, and the case is still pending. What should I do to expeditious disposal of all places?

There are so many litigations filed by both parties, so compromise is the better option to settle all disputes. You both have filed counter litigations to win over each other. In this condition, the litigation will run together, and you will never reach a definite conclusion. Currently, it would be better for you both to compromise your matters and get rid of court proceedings.

When the husband files restitution of conjugal right case, he should come forward to settle the matter. Generally, the wife is a victim in matrimonial cases and the court also having a lenient approach towards her. The court always prefers to settle the dispute by compromise. Therefore, you should take steps to resolve the dispute amicably.

File an application of mediation in the quashing petition

Your wife has approached the high court under section 482 CrPC for quashing of the criminal proceedings. In this proceeding, you should move an application to the court for sending the matter for the mediation. When the court finds that there are some elements to settle the case in mediation, then the court will allow your application. 

When your wife becomes ready for the compromise and gives her consent in the mediation, then matter will come to an end. Free consent of both parties is necessary for the success of mediation. The mediator will hold several sittings and extend its help to settle your issues. So you both should try to make the arbitration successful. 

The report of mediation has significance because the court will pass an order upon the report of arbitration. You cannot file any appeal against that order. Hence, you can get rid of the court proceedings through the mediation.

Can I get call details from the BSNL under RTI Act

Can I get call details under RTI Act? I want to get call details and tower location of my BSNL mobile number to know when was my mobile misused & who was involved?

The Right to Information Act is an important legislation that enables citizens to access public information held by government organizations. However, it is important to note that not all types of information can be accessed through this Act.

For instance, if you want to obtain call details of your mobile number, it is not considered as public information and hence the RTI Act will not apply in this case. Instead, you should directly contact your mobile operator to obtain this information.

Some people believe that since BSNL is a government corporation, call details can be obtained through the RTI. However, this is a misconception as the Act only applies to public information held by government bodies, and not information held by public organizations.

It is important to remember that the purpose of the RTI Act is to provide public information to Indian citizens for the greater public interest. Disclosure of information about an individual's own mobile number does not serve any public interest, and hence, cannot be sought through the RTI.

In such cases, it is advisable to contact the concerned authority of the mobile service provider and request the information directly from them.

If you want to access public information through the RTI, you can visit the RTI portal of the Government of India. However, it is important to note that the Act has certain limitations and may not be applicable in all cases.

Bank obtained my call detail record without my permission

Bank obtained my call detail record without my permission. Can Credit Card Recovery department get CDR of any person? I want to know that any recovery agent can call the other person to recover the amount by using the call details. The mobile provider company provides such call detail record (CDR), and the agent got this by another source. Now we want to Know is it legal or not and what I file an FIR or Complaint to police.

Obtaining a call detail record (CDR) without permission of the subscriber is an act of breach of privacy. The law enforcement authority, for the security of the nation, takes CDR without the consent of the person. It is prime liability of the mobile service provider to maintain the privacy of its customer and do not disclose such information without his permission.

Right to privacy

Right to privacy is a fundamental right under Article 21 of the Constitution of India and infringement of such right is a violation of article 21. In this condition, you can initiate legal proceeding against the recovery agent as well as against the bank. The Supreme Court has held in several judgements that article 21 is enforceable against a private person. Therefore, the recovery agent, bank and mobile service provider are responsible for maintaining your privacy.

The call detail record is the private information.  You can claim compensation against them for breach of privacy. In Kadak Singh versus state of Uttar Pradesh, the Supreme Court has held that the right to privacy is a fundamental right and aggrieved person can claim compensation for search breach.

Hence, you should send a legal notice to the recovery agent, the bank and the mobile service provider for giving the compensation. After that, you can file a writ petition before the high court under article 226 of the Constitution of India.

I want to correct the name in Khatauni

Sir, I want to correct the name in Khatauni. The name of my father is Nasir Ahmed Khan, but only Nasir is written in the Khatauni. Therefore my father has not been getting the benefit of government schemes. How to get a correction in the land record?

Asked from: Uttar Pradesh

Tehsildar rectifies mistakes in land records, as empowered under the Uttar Pradesh Land Revenue Code 2006. The procedure for correction of mistakes in Khatauni is simple, but it requires relevant evidence to be submitted along with the application. Section 38 of the Revenue Code provides a complete procedure for rectification of mistakes, which should be followed by the applicant.

The Collector periodically updates the land records, including field books, record of rights, maps, etc. However, some mistakes may occur during this process, or from the beginning of the alienation of rights. In such cases, rectification of mistakes is necessary to ensure accurate land records.

If the mistake occurred during the updation of records, the applicant should produce certified copies of two subsequent records (Fasli Year) and inform the Tehsildar. The Tehsildar will then send a report to the SDM for correction in the revenue record. Only certified copies of two consecutive Fasli years record are sufficient to enable the revenue officer to rectify the mistake.

In cases where the mistake occurred from the beginning of the right, the applicant should present relevant evidence in support of the correction. For example, if the name of the tenure holder is wrongly entered in the records, the applicant must produce evidence such as educational records, family register, PAN card, AADHAR card, etc. These documents are relevant to prove the correct name of the tenure holder.

It is essential to follow the complete procedure as provided in the Uttar Pradesh Land Revenue Code 2006 for correction of name in khatauni i.e. revenue records. Accurate land records are crucial for land-related transactions, and it is the responsibility of the Tehsildar to ensure that they are error-free.

Also read: Difference between Khasra and Khatauni

Query # 1

सर मेरे आधार में सुरेंद्र नाथ मालवीय दर्ज परंतु खतौनी में केवल सुरेंद्र नाथ दर्ज है। क्या किसान आईडी बनेगी?

यदि आधार कार्ड में पिता का नाम और ग्राम का नाम खतौनी में वर्णित पिता के नाम और पते में कोई भिन्नता नहीं है तो किसान आईडी कार्ड बन जायेगा। खतौनी में खातेदार के पिता का नाम और ग्राम का नाम भी दर्ज रहता है यदि ये दोनों जानकारियां सही है तो खतौनी में केवल "मालवीय" टाइटल नहीं होने से कोई समस्या नहीं आएगा।

Husband purposely became jobless to frustrate my case

Husband purposely became jobless to frustrate my case. I filed a lawsuit in court under the protection of women from domestic violence act 2005 under sec 12,18,19,20 & 23. How I will get interim maintenance from my husband if he is purposely jobless?. I am having a daughter of 1yr to take care off.

However, this is the prime liability of the husband to maintain his wife if she is living in destitute. The above-said liability is not limited to the wife, but it also extends to the children. Therefore the legislature has made several laws in respect to maintenance. Section 20 of the protection of women from domestic violence act is one of them.

You have applied to the Domestic Violence Act and seeking several relieves, including the maintenance. After the marriage husband becomes the natural guardian of the wife; therefore, a married daughter cannot get maintenance from her parents.

The husband cannot refuse to extend financial support to his wife on the ground of joblessness. In this situation, the law presumes that the husband has the ability to earn; therefore unemployment of husband is not a sustainable defence. In several judgements, the Supreme Court has held that the husband cannot absolve himself from maintenance because he is not earning. 

Maintenance order

Whenever the court grants maintenance order against the husband, it has to take into consideration the factual situation of both parties. The court must consider that What is the actual need of the wife and the financial capacity of the husband. After that, the court should fix a monthly allowance as and alimony. Manish Jain v. Akanksha Jain, (2017) 15 SCC 801 

You said that your husband became purposely jobless to frustrate your right to maintenance. I think you have evidence to prove the conduct of your husband that he willfully became unemployed. To fix the amount of alimony, the court may consider the past earning of the husband. Therefore, it is not an easy task of your husband to exonerate himself from the liability to maintain you and your daughter.

Produce evidence

You should produce evidence before the court to prove that your husband intentionally became unemployed. If the court finds that your husband is deliberately frustrating your case, then the court may pass appropriate order of maintenance. The fact of unemployment is immaterial when the husband possesses good educational qualification and has the ability to earn. In the past few years, it is a growing trend among the husbands to resign the service and become jobless only to defeat the wife in the lawsuit.

The police officer is insisting me to provide the information in writing

When I went to the police station for recording an FIR but the police officer is insisting me to provide the information in writing. He completely denied accepting my oral information about the commission offence. I gave the information in writing after getting no other option. The police officer wanted to harass me as well as delaying the recording of FIR. It was a bizarre condition for me to face the arrogance of the police who was doing wrong. Sir, whether it is mandatory to file FIR in writing?

Section 154 of the code of criminal procedure (crpc) enunciates that the police officer will reduce the oral information in writing. Therefore, he has no power to demand from the informant to give the information in writing. The crpc was first enacted in 1882 and the very first version; it devised the procedure for lodging of First Information Report (FIR). At that time, the literacy rate was too low, and it was the duty of the police officer to itself record all information in writing.

The same procedure is prevailing today, and officer in charge of the police station cannot insist on providing information in writing. However, the FIR is not a piece of evidence, and it has a minimal purpose. The primary objective is to receive the information as early as possible. Hence, the very first information about the offence is called the FIR.

Written information is not mandatory

In State of Haryana vs Bhajan Lal AIR 1992 SC 604, the Supreme Court has held that the information must disclose the commission of a cognizable offence. The police office upon receiving such information he has no option except to record the FIR and launch the investigation.

In all cases, the investigation starts instantly after the recording of the FIR. If the police investigate the matter without registration of FIR, such investigation is disastrous in the eye of law. Though, in very exceptional cases, the police can investigate the case after making an entry in the general diary.

There is no provision in the code of criminal procedure which mandates that the police will register the FIR only on the receiving of written information. Hence, the act of that police officer is forbidden, and you can file a complaint before the Superintendent of police to take proper action against him.

The agent produced a forged document for taking admission

The agent produced a forged document for taking admission in my college. I am principal of a private Inter College which is running on the affiliation of UP board. That agent used to bring some students who want admission in my college.

However, the school conducts an entrance examination for the admission, but the college also gives entry through the agent. I accepted all the documents without verification and kept them in my office.

On 12/06/2019, UP Police raided my office and found those documents from the almirah. After that, I came to know that those documents are counterfeit and prepared for taking admission in my college.

Sir could you please advise me whether I have committed an offence of forgery?

Your case is still at the stage of the investigation; therefore, I could not suggest anything. But from the facts and circumstances of your case, it Infers that you have committed the offence. The genuineness of documents is the subject matter of the trial, but at this stage, presumption goes against you that you have committed the crime.

The police do not raid a place without having information about the offence. They found inculpating materials from your office. Discovery of documents itself proves that you involved in the commission of forgery.

Let presume that they were forged documents. It is a relevant fact that you kept those documents in your office for giving admission. According to Section 463 of the Indian Penal Code, mere intention to provide an undue advantage on false documents is enough for the offence of forgery.

Your involvement in the commission of a crime

The agent prepared or made those documents to secure the admission of students in your college. You, as a principal of the college, accepted those document and about to give entry on those false certificates. Therefore, circumstances indicating that there was a conspiracy between you and the agent.

According to Section 120 A of the Indian Penal Code, if two persons agree to do an illegal act or a legal act by unlawful means, they commit the offence of criminal conspiracy.

Offence of forgery

In Sushil Suri v. Central Bureau of Investigation (2011)5 SCC 708, the Supreme Court held that making of a false document or part of it to cause damage or injury to the public, or any person is sufficient for the offence of forgery.

Facts prove that you agreed to give admission to the students without entrance examination and upon false educational records. 

However, you did not use those documents for the admission but the offence of forgery stands committed because you had the intention to give admission on false educational certificates.

Quashing of ex-parte order passed by the judicial magistrate in domestic violence case

I want to quash the ex-parte order of Judicial Magistrate passed in my absence. My wife filed a complaint under section 12 of the domestic violence act for various relief. I was in Canada when the incident of domestic violence took place. Consequently, the said complaint is baseless. There is no evidence that I involved in the incident, but my wife, due to mala-fide intention, made me accused therein.

Is it possible to obtain a quashing order from the High Court in the current scenario? It is important to note that the lower court passed an ex-parte order on 16/09/2016, which I did not challenge. It should be noted that an ex-parte order has the same effect as a final order if it is not set-aside. In such circumstances, if you wish to initiate any legal proceedings after three years, you must provide a reason for the delay.

Quashing an ex-parte order falls under Section 482 of the Code of Criminal Procedure, which gives the High Court extraordinary power to provide justice. The Supreme Court has stated in several judgments that this power should be exercised only in exceptional cases. In your case, you have a remedy under The Domestic Violence Act and cannot invoke Section 482 of CRPC.

According to Mohit @ Sonu v. the State of U.P., (2013) 7 SCC 789, "when there is a specific remedy provided by way of appeal or revision, the inherent powers under section 482 cannot be and should not be resorted to."

Section 29 of the Domestic Violence Act provides the right to file an appeal against the impugned order of the magistrate, and the limitation period for such appeal is thirty days from the date of order. The ex-parte order is also appealable under Section 29.

Without exhausting this remedy, you cannot file a petition under Section 482 CrPC for quashing of the order. The High Court exercises inherent power only if no remedy is available to the petitioner, and his case wants interference of the court for doing justice.

Therefore, you should file an appeal under Section 29 of the Domestic Violence Act along with a prayer for condonation of delay. Since the limitation period for filing an appeal has expired, it is mandatory to file a prayer under Section 5 of the Limitation Act.

In State of Bihar v. Kameshwar Prasad Singh, (2000) 9 SCC 94, the Supreme Court stated that the court could condone the delay to do substantial justice to parties. There is no presumption that party deliberately occasioned the delay. The court should decide the matters on merits rather than focus on technical faults of parties.

Thus, it is recommended that you file an appeal instead of a quashing petition under Section 482 of CrPC.