akash (N/A) 08 January 2015

Regarding a case filed as act 302 against my uncle

RESPECTED SIR/MADAM

My uncle has debted money of 1.5 lac from a neighbour and gave him a blank cheque. now he is saying that you have taken debt of 2 lac. My uncle has refused to pay for 2 lac. So the neighbour has filed a case under act 302 against my uncle. A notice came at home. My question is .... Will the police arrest my uncle ? What troubles my uncle has to face ? Is there no ways so that neighbour can take out the case ? What we can do ? Please reply asap.

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6 Replies

Jai Karan Nagwan (consultant) 08 January 2015

Not understood as to how 302 has come in picture. Secondly, it is very clear that your neighbour would have some motive while borrowing money, that motive is profit by borrowing money. I don't think creditor is unreasonable. You also think that he may be expecting compensation.

prateekjain 08 January 2015

Dear Akash, There are two issue involved here, first is blank cheque issue by your uncle and second is case filled under section 302 of IPC (as I understood). In the first issue in the absence of any documentary proof lethally He cannot recover money. In the second issue if he has really filled the case then your uncle would be in jail as case file under 302 is cognizable offense and police arrest the suspect immediately after filling complaint.

Jai Karan Nagwan (consultant) 08 January 2015

302 is murder case. It's not generally filed by private person.

mukesh kumar (Partner) 09 January 2015

Dear Akash it is a simple case of debt and not of the murder so sec 302 will not be applicable and police cannot arrest your uncle. be relaxed , your case is the different one . for further query you can contact me 0n 9871774393 --- Adv Mukesh, Delhi

mukesh kumar (Partner) 09 January 2015

Dear Akash, it is not so easy even for the police to arrest a person in 302 without any evidence if police does so the police will be answerable for any of its action in the court of law , simple a money lender cannot file a case under section 302 and even police does not entertain fake complaint in such case,

ADv mukesh 9871774393