How to tackle bouncing of blank cheque which was stolen by my brother around 5 years ago.?
If one lawyer’s brain works to prepare a false cheque bounce criminal complaint/case under section 138 N.I.Act read with section 420 I.P.C so can another lawyer’s brain workout a true criminal complaint/case under section 379 read with section 403& 511 I.P.C. Your brother on advice of his lawyer had stolen & used one of your signed bank cheque by putting 24/4/2008 as date of issue & depositing that cheque on 30/10/2008 just within six months time limit (the public & bank holidays not included while calculating six months time limit). Now he sent the legal notice of one month under section 138 of the Negotiable Instrument Act read with Section 420 Indian Penal Code claiming the amount which he had mentioned in the bank cheque from you otherwise he shall be constrained to file criminal complaint against you under these provision of law. In reply you should firstly lodge a F.I.R. against your brother under section 379 (theft), 403 (Dishonest misappropriation of property) 511 (Punishment f