Advice needed please

through your narrative, you are hiding a vital fact as to:-

• whether or not is it true that you owed money to his father?
• if not then why on earth a blank cheque was given to   his father?
• whether the person has filed civil case or filed a  criminal   case?

no useful advise can be there without vital facts.

the relative has accused us of borrowing money for my marriage., which is not true, the cheque was given to the relative's father because of the shares/stocks tht has been brought to the father..and returned back to him with profit. through the cheques given to him...before his death., the father withdrawed all the money through the cheque given to him, except for the stocks tht were at loss, my folks gave the relative in writing the name and number of shares tht are at loss., which will be returned when they come back to their buy price., I know what it looks like..but we did not owe him any money..the money was given to us in 2006 and I got married in 2013...there is practically no reason why we wud use tht money now..he was left with two cheques for further withdrawal...but he passed away...so cheque fell into the wrong hands. a little back ground on the person who has lodged a case...we are not the first ones to go through this., he has put 5 similar cases on other people n has been to jail for kidnapping someone..from which my parents got him out...looking at the fathers face..as the father was a very respectable man n a criminal lawyer himself...th reason for this case: *we own lands and he wants tht land for half the rate of what its worth and we refused. * father knew what the son was so., he made my parents the nominee for his trading account..from which he cant withdraw now. *he cheats people of money he was raided by IT, he takes money from people and does not return., knowingly he owes almost 1crore ti all my relatives...nobody supports us..as all their money are stuck with him. * as u asked...he has filed a criminal case under section 138. * u also need to know this tht the case is put on my mother for the money she dint borrow...the father I mentioned is her father too and the relative I mentioned about is her own brother...now I hope this all makes sense and hope to recieve some advice now.

Sneha Madam,

First of all, you ought to have mentioned the contents of the legal notice which was got issued by your relative in whose hands the blank cheque of your mother was wrongly fallen. On what ground, the Complainant alleges and for what reason he says that the cheque was got issued by your mother? You have also not stated as to whether the legal notice is replied or not. If so, what are the contents of your reply.

Try to know prior to getting receipt of court summons as to what documents were being based upon by the Complainant and what is his claim in respect of the subject cheque. If you send the copy of Legal Notice and the Complaint filed by the Complainant, it would be more convenient for us to give a detailed and suitable reply.

Any how for issuance of any cheque, there must be legally enforceable debt or other liability. At this juncture, we can only advise you to focus all your efforts of your legal campaign on the very concept of the liability pleaded by your complainant because it is only the weak point on his side in the present matter.

If you are able to prove his other offences and crimes in a lawful manner, it may be somewhat useful for you to impeach the credit worthiness of the complainant during the course of cross examination of course at a later point of time.

If you still have any doubts or issues unsettled, you are most welcome to contact us at the following address, email or mobile.

Wish you all the best.

 

G. YADAGIRI SHARMA,

                                  M. Com., LL.M.,

G. AMRUTHA KUMARI,

                                   M. Com., LL.M.,

ADVOCATES

H. No. 2-1-178/1, 100 Feet Road

Vidyaranyapuri, Hanumakonda.

WARANGAL DISTRICT – 506 001

: 98 493 45 755 – : 99 66 45 66 85

 

gysharmaadv@gmail.com

For formulating successful  legal strategy  to defend the case face to face meeting is needed by making prior appointment if you so desire.

My contact no. 9836858000    E-mail:- bnroy.advocate@gmail.com

In my opinion, you must attend the court once receive summon on the date of hearing, so without receiving a summon you cannot enter appearance.  Wait for the summon to be served upon you and decide accordingly.

You can search the case records lying in the court by engaging a lawyer to know whether any  summon was issued or not..

you are not able to clarify all facts on the open query.  One needs to se all the documents to form a view whether at all you owed any money to hi sfather or not.  This information is very very vital for defence of criminal case u/s 138 NI Act. or other cases.

 

Meet a lawyer with all papers.