Case regarding cheque
aneesh
(Querist) 17 August 2011
This query is : Resolved
Sir
my father expired recently.After his death a person sent a notice to me that my father has to give him Rs 25,000/- and he is having a cheque for the same.I sent a reply to his notice that i am not aware of such transaction.Now he has filed a case against me.what should i do now?Is this cheque valid in the honorable court?
please guide me.
nutan supekar
(Expert) 17 August 2011
first you check the date of the cheque. Then the signature is of your father or not pls. check.
pls. come back to me with these informations.
prabhakar singh
(Expert) 17 August 2011
As he has filled the case ,better if you attach copy of pLaint also.
Advocate. Arunagiri
(Expert) 17 August 2011
He can not file a 138 case.
He can file a civil case, if you are enjoying your father's assets.
prabhakar singh
(Expert) 17 August 2011
A PLAINT IS NAME OF CIVIL SUIT ONLY.U/S138 A COMPLAINT IS FILED AGREE Expert : Advocate. Arunagiri ??????
Advocate. Arunagiri
(Expert) 17 August 2011
Dear Mr.Prabhakar Singh,
I fully agree with your immediate above statement.
The author had not mentioned whether he is facing criminal case or civil case.
That is why I have answered for both.
You have presumed that it is a civil case. It may be right.
Dear Mr.Aneesh,
You can say what is your case civil case or criminal case.
Raj Kumar Makkad
(Expert) 18 August 2011
I completely agree with Arunagiri. The sense from query arises as if criminal cse has been filed which is not possible under the provisions of section 138 NI Act in the given facts against querist. Definitely it may be a civil suit which can very well be filed.
Contest this case on various available grounds first ensuring the filing of original cheque on court file.
aneesh
(Querist) 25 August 2011
Sirs,My sincere thanks to all of u!
My father's cheque book doesnt carry any information about this transaction.But the cheque leaf is missing.But in his diary the transaction is mentioned.the date of the cheque was not mentioned.
can i fight in the court, that this is not my father's signature?Or can I file a case against him for forgery or cheating?
R.Ramachandran
(Expert) 25 August 2011
You say that in your father's diary the transaction is mentioned. Then how can you jump to the conclusion that the signature was forged etc. If you want to deny the transaction and save Rs. 25000/- you can do so. But, beware, the other party will also have sufficient material to prove the transaction, especially when your father himself has noted this transaction in his diary.
aneesh
(Querist) 27 August 2011
Sir,
My father and this guy were in good relation for a long time and the relation was spoiled before my father's death.Many times they had financial transactions (to and fro) in the past.so I think the following possibilities.
1.My father must have returned the money in cash and failed to take the cheque back which was given as a guarantee.
2.The opponent claim that, the money was given to my father was in the form of a bank cheque and the same was en-cashed by father.But there are chances that, the amount which he was supposed to give to my father and he transferred the same through the bank!
Sir,So in this case is this not a cheating or a forgery?
