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A person blackmailed and extorted me with the help of police officials at the police station. He took three of my cheques and made me sign a false agreement in the presence of the police, claiming that I had asked him to transfer money to a third person's account. However, there was no transaction between us. He transferred the money to the third person's account, but there is no evidence that I received any money. He manipulated the police officials to threaten and force me into signing the agreement. I immediately submitted a stop payment request to the bank for those cheques. Despite this, he sent me a legal notice for cheque bounce and filed a case under Section 138 of the Negotiable Instruments Act. After the incident, I filed a complaint with the Commissioner of Police, but no action was taken. I also filed an application under Section 153(3) CrPC, and the court ordered an investigation. However, the accused police officials filed a revision petition under Section 397 CrPC to challenge the investigation. My question is: How can I defend myself in this false cheque bounce case when I never received any money from him, and no transaction actually took place?
You can defend yourself in the false cheque bounce (Section 138) case by showing that there was no legal debt or actual transaction between you and the other party. If you were forced to sign the agreement or if the police misused their power, make sure to highlight that too. Use your Consumer Protection complaint, the 153(3) court order, and the fact that no money was actually exchanged as proof. You can also file a request to cancel the case (quashing) under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, showing that the legal process is being misused. For further assistance, contact our helpline.