Cheque issuer absconding

Dear friend,

Cheque bounce is a criminal offence in India and is a punishable offence under Sec 138 Negotiable Instrument Act.

You are advised to put the cheque in your qccount for the clearance as the liablility attached to the cheque is carring on with you since you have given the advance cash to him. many of the criminal cases on the basis of the complaint of NRI's or foreign residents are currently gong on in India. so dont worry for the same. Only you have to issue a notice for payment to him with in one month of the cheque bounce. However in case you can not trace him in India to serve  a notice you can get it published in the news paper for the same and side by side can also make a police compliant against him.Police will tarce him out through the bank account address or through its local leads, for which you do not have to worry. Even with the help of Court you can get a proclamation order against him.

Thank You Sir

cheque bouncing inmother's account will not fasten criminal liability as he owes nothing to your mother.

put it in your account and you have to come to India for evidence at admission stage itsefl if you have to file criminal case.

You can give GPA to somebody in india who can puruse your cases.  But you have to come to india at the time of giving evidnece. You can put it in your name only.  If you put your mother's name on the documents, you have to prove in the court that she has sufficient means of money to lend.  This is the main difficult. 

Originally posted by : Mani
	There is no records that I gave the money. Itz all empty documents. So I can fill my mother's name in the cheque and deposit in her account. Since I can't travel to india I'm planning to take this action. Is that ok?

if you cannot prove that he owed you  money (or to your mother whose name you are going to fill on the cheque) you cannot succeed to recove form him either by civil suit or criminal case.

On the contrary if he denies his signature and alleges forgary (which many perosns do) you will have to apply for bail for you or to your mother whose name you are going to fill on the cheque).

Liability against which the cheque was issued has to be established in the court along with the position that the cheque was issued against that liability in full or in part and the very important thing is that the given cheque was not a secutity cheque. In that case if it is established that the cheque was given as security the case will not carry on as a criminal case under Sec 138 NIA with the criminal proceedings and will be dismissed. Please note.

The establish that who's signatures are on the cheque and whether these are true signatures or a forged one is a matter of trial and no arrest on the simple FIR for forgery will be done in case where already a case under Sec 138 is going on in the Magistrate court the complaint will be clubbed with the main case of 138 and proceedings will carryon side by side to establish the forgery and if it is proved that the signatures are true court in that case can take sue moto action aganst the complainant of the forgery  for submitting false Affidavit in the court under IPC.

In this way it is better to file a case of bounce cheque after getting it bounced by the Bank and take a service of a good Advocate of this field.

Dear Sudhir Sir...

Thank You for your valuable inputs: How can I prove that she owe money to my mother? I have two pro notes and a 50 Rs stamp paper and two green sheets singed by her (all blank), I can fill it according to my convinience. Is that suffice?

Dear Anand Sir...

 Thank You for your valuable inputs, Im planning to suit a case againt her stating that. She borrowed money(Nov 2014)  and promised to pay back along with interst via the cheque. She issued me a post dated cheque for 01/06/2015 for the payment on nov 2014 ie while borrowing.  is that ok? does it mean the cheque is given as security? If so please help me how to write in the suit when I appeal in the court?

Also please let me know what can I do when I cant track them where they live. I have the address proof (rental agreement) of the old address. (they were living there when I borrowed the money). Now they shifted to new place where no one knows.

if I send the lawyer notice it will return as addressee not present in that address. can I still file a 138 case against her? 

Thank You

meet nearest available lawyer with papers.  Nothing concrete view can be formed without seeing papers.

You say that you got 2 promissory notes. Have the names of the debtor and the creditor been entered in the promissory notes?  You say that you gave the amount in cash. The court can ask the source of cash and if you had also received the amount in cash from some source, the court can ask whether it has been mentioned in your income-tax returns. If you had withdrawn the cash from your own bank account then you can only make a claim under Section 138. There is a Supreme Court judgment that if payment was made from unaccounted cash no claim under Section 138 can be made to recover the amount.

If the debtor claims forgery, the burden of proof is on the accused under Section 139.

Thank You for your valuable inputs: How can I prove that she owe money to my mother? I have two pro notes and a 50 Rs stamp paper and two green sheets singed by her (all blank), I can fill it according to my convinience. Is that suffice?

WHAT ABOUT ATTESTING WITNESSES WHO CAN SAY THAT SHE SIGNED IN FRON T OF YOU.

Dear Dr. Ramani sir,

Thank you for your inputs.

The Creditor and debtor name is NOT mentioned and it is blank. All the documents (Pro notes, stamp paper, green sheets and cheque leaf) are blank. This was given in Nov 2014, so the IT returns for last year is yet to file. Can I mentioned she (my mother) borrowed cash from me (son) and lent it the third part as loan? No there were no solid bank transactions for this. Since I work in abroad I dont have any issues for my source of income. 

Dear Sudhir Sir,

Thank You sir!

Yes Sir, I can attest some witness as you mentioned.