Srivatsa R (None) 25 January 2010

Section 138 implications of legal heir

Hi,

My father had issued a security cheque while obtaining a bank loan during 2002 - 2003. In due course he was unable to repay the loan due to his business going bankrupt. Eventually there was a rift between me and my dad and he is no longer staying with me for the last two years

Now I recevied a call from Delhi police officer saying that there is section 138 arrest warrant issued against my dad and since they're not able to reach him on the address provided by him to the bank, the local Delhi cop is saying that the arrest warrant can be issued on me and I need to go to Delhi court. Is this possible as per law? Pls help

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7 Replies

A V Vishal (Advocate) 25 January 2010

No it is not possible, talk to your advocate and respond as per his guidance to whosoever communicating with you on the subject.

Smita_L01042008 (student) 25 January 2010

in case your father is not traceble and absconding as per opinion of police, they may seek you to help them to serve the warrent. further you can also inquire whether any incidental liability arises on your part as family member as per agreement in with company.

you are required to make necessary inquriry and get the facts clear from the police as well as the company from whome loan is taken by your dad. also take advice from advocate in this regard.

Srivatsa R (None) 25 January 2010

Thanks for the reply....The loan would have been taken from Citibank or ICICI bank duirng 2003 and now the bank has initiated NIA after 5 years!! Not sure about the incidental liability for being part of family member

Arvind Singh Chauhan (advocate) 25 January 2010

Not at all.

B K Raghavendra Rao (Senior Advocate) 25 January 2010

If your father has issued the cheques he alone is responsible for consequences of bouncing of those cheques. You will not become liable for his criminal action. Even if you are liable to pay the debt of your father, if your father is not traceable for a period of seven years or more, the only recourse for the bank is to file a civil case for recovery of money. You need not bother about arrest warrant, it would not be issued against you

V. VASUDEVAN (LEGAL COUNSEL) 26 January 2010

Please follow the advice of Advocate Vishal. You would be in no way responsible for the loan taken by your father - particularly under section 138 of the NI Act. You need to provide full cooperation with the police in providing any details of whereabouts of your father. Once this obligation is complied there could be no warrant issued against you for this case.

vasudevan

Anil Agrawal (Retired) 27 January 2010

Why this situation has been allowed to develop?

Experience shows that police will arrest the son, torture him to know the whereabout of his father. Why only son? They can torture every other member of the family. Glaring example is that of Ruchika's brother. Arrested, tortured and ultimately led to her death. It is as common as changing your socks. Donot get excited and donot talk of law when it comes to facing police. Police itself is law.