Category Archives: Uncategorized

False Case 498A Belated FIR. Court sets aside such belated FIR

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Chandralekha & Ors v state of Rajsthan 14.12.12 JT 2012 (12) SC 390

The upshot of this case is, if after leaving matrimonial home, after several months or years, if wife files belated FIR of cruelty under 498A, the Higher Courts have power to cancel and set aside such FIR as abuse of 498A

Haresh Raichura
11/2/2013

Even if signature on cheque and specimen signature in Bank are different, even then check dishonor offense of 138 made out.

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M/s Laxmi Dychem V State of Gujarat 27.11.2012 JT 2012 (12) SC 65

Many smart people used to give post dated cheques with a different signature. Bank returns the cheque saying that signature does not tally with specimen signature given in Bank.

SC has now held that such cases are also punishable under 138 of Negotiable Instrument Act.

Earlier these cases were dealt with as cases of cheating under 420IPC.

Haresh Raichura
11/2/2013