LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

kapoorsatish (n/a)     01 March 2011

Cheque Bouncing

My son took loan of Rs 50000/= from a micro finance company, and signed blank papers and gave blank signed cheque in January 2008, It was agreed that  he will pay Rs 200 per day. he paid this amount for about 200 days. Company was not giving any receipt of these payments, but their representative was entering in card.

 

he suffered losses in shop and was forced to close shop and his bank account. There was dispute in balance amount, so he did not pay balance amount, so company did not gave back cheque.

 

Now I have come to know that Company presented the cheque in May-2010 by writing Rs 81000/= ( which is not in my son's handwriting), claiming that he has given this cheque in May-2010 ( false statement), further company claims that he was paying Rs 170/= per day where as he was paying Rs 200/= per day, more over company has claimed that they paid Rs 61000/= loan, where as they paid only Rs 50000/= for which we have evidence.

 

Now company has filled cheque bouncing case against  him, we have not received summons, but from bank we came to know that summons to us were returned with remarks "refused to accept", where as my son leaves home at 8AM and comes back at 8PM night.

 

I want advise on following:

 

a)      what defence we can take

b)      Is there Supreme court / Delhi High court Judgement in similar case

c)      Can  we file case of falsification of accounts, cheating against company and seek stay in cheque bouncing case?

d)      Should we apply for anticipatory bail

e)      Can I represent my son in court ( I am not lawyer), if so, is there any ruling. 

Regards

 

Satish



Learning

 3 Replies

Sanjeev Kuchhal (Publishers)     01 March 2011

It seems that though you are admitting your liability but the quantum of disputed.

The best defence would be to make a statement of outstandings and prove it that the amount  of Rs.81000/- as mentioned in the said cheque is much more than what is actually due. In that case the case u/s 138 would not be maintainable.

NOTTAM VENKATASAMY (Director Nottam Law Associates)     01 March 2011

YOUR SON BORROWED LOAN FROM FINANCE COMPANY THE SAID COMPANY STAFF CHEAT YOUR SON,NEXT THE SAID COMPANY ALSO FILED A CASE AGAINST YOUR SON THEN SUMMON ALSO SERVED WHICH WAS REFUSED BY YOUR SON, IN THE MEANTIME YOU RAISED QUESTIONS

1.YOUR SON SHOULD APPEAR BEFORE THE CONCERN COURT THROUGH ONE ADVOCATE.

2.THEN YPU PROVE YOUR BONAFIDE RETURNS THROUGH TRIAL.

INCASE YOUR SON DIDNOT APPEAR IN THE COURT THE SAID COURT PASS THE WARRANT AGAINST HIM, THE WARRANT WILL BE THE RECALL, BUT IT IS THE MENTAL AGONY.

SO YOU CONTACT IMMEDIATELY ONE ADVOCATE AND EXPLAIN ALL THE FACTS OF THE CASE.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     01 March 2011

You have to appear in court. Bail is normal procedure , you will get it on appearnce.

Contest the case you can easily come out of it.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register