In India, the biggest problem with Laws is that anyone can file the case against anyone even with a small iota of evidence as procedure are not taken seriously in trial and lower courts. For ex., it is the onus on the Court to ensure all the facts of the case at the time of verification before issuance of any Summons under Section 138 criminal complaint but it just does not happens and summons are issued due to local bar lawyers appearance or for any reasons and hence there are many cases where the appeal is filed for quashing of summons and case and expenses are made even if you are falsely accused in the case. Section 138 is a very popular section amongst commercial traders and market and in law and in simple terms it deals with Cheque Dishonoured cases / Cheque Bounce case. This particular article only deals with the scenario where you are falsely accused in Section 138 proceedings either you are not at all relevant to the case or you are relevant but the cheque was not for the transactions for which the case is filed. In regard to former act, you can approach High Court for quashing and if you are able to show you non-relevance in the case, the mostly the case will be quashed against you. However, in later case, the chances of quashing is less as you have to face the trial and this is where you feel a burden and most of them comes under pressure. Well, it is always advisable to always have your Lawyer in your contact list and be ready to take their advice and don’t ignore this aspect to avoid any legal costs.
Under Section 138 the best part is that before any Court case is filed, it is mandatory that Notice is issued and assuming it is issued to you and you believe that this is false case, then it is always better to reply their legal notice with full facts and defence. Please note that replying notice is not a simple work but it requires the full length strategy against the case and hence do take the assistance of legal attorney.
You being in business or else, it is always necessary that you give good costs and budget in making the legal system complying with “Pre-Litigation measures Compliance” and if you are able to complete and maintain the “Pre-Litigation measures Compliance”, there is no doubt that you will be saved for surely in such false case being filed.
Try talking to common friend and close the matter in amicable manner but not at the costs of you ending up paying or settling against you or else but in order to avoid any litigation. Please note that most of the time taking this route calls for EGO and is also termed as lowering your head and hence most of the Lawyers avoid this statement as then you may leave such lawyer and look for else which is not a good option. Lawyers with ethics and experience will always take care of yours and hence be ready for his opinion and if want you can take second opinion and then take a call.