Please guide in fake cheque bounce case
2 years ago
My father had taken cash loan amount of Rs.15,000/- in Jan 2019 from one lender and issue my bank blank cheque as an security and after few days my father expired.
But now his sons missused that blank and deposit for the amount of 2,28,000/- and file the case. He his running Kinara store in Thane. Except cheque he didn't have any proof or my father signature or any documents. As I shifted to other place two years ago after father death, I have not received any legal notice or court summons. Shop owner and his son also know that I am not on that place and they also have my mobile number. And suddenly I received call on 5 May 2021 from police that why I not came on date and the date is on 5 May. I don't have any information regarding Case but finally I found online case status.
Please go through attached file and please guide whats written on that and when I want to visit in court and what is the meaning of Summons ready. Please guide
Ankur Goel @ Complete Law Shield
Responded 2 years ago
otherwise court will issue arrest warrant.
You have to fight case but dont worry, you can win it.
Ankita Jaiswal
Responded 2 years ago
If u like my ans PlZ rate my ans*****, thanks
Rpy here
Approach High Court for quashing.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
S.138 of the Negotiable Instruments Act deals with the issue of dishonored cheque. Second, summons is usually a procedure of court to secure the attendance of the parties involved in a case. As per the circumstances, you will need to hire professional help to present you in the court. Also consider filing a quash petition u/S 482 CrPC.
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Summons is a call-up to the court to secure the attendance of the involved parties. You need to immediately hire a lawyer to draft your statement of facts and present it to the court. Cheque Bounce comes within S.138 of NI Act and you also have remedies available.
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Secondly your father took the loan and he is no more. So, the loan liability ended with him.
Section 138 in The Negotiable Instruments Act, 1881
18 [ 138 Dishonour of cheque for insufficiency, etc., of funds in the account. —Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for 19 [a term which may be extended to two years], or with fine which may extend to twice the amount of the cheque, or with both: Provided that nothing contained in this section shall apply unless—
(a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier;
(b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, 20 [within thirty days] of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and
(c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice.
Explanation.— For the purposes of this section, “debt or other liability” means a legally enforceable debt or other liability.]
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