Cheque Bounce: India Law 138
Querist :
Anonymous
(Querist) 28 January 2010
This query is : Resolved
Hello Experts,
I was working in delhi where my uncle (Maternal Uncle) use to do business, he has got some known person who trusted him a lot and wanted to help them in getting visas for european coutries, since my uncle is in business and travels a lot. my uncle has taken their passport and some money and after this he disappeared, i was not aware about this dealing but all between this transaction the guy who has given passport has seen me along with my uncle though he doesnt know my name as well.
moreover uncle has bought some merchandise from a relative of that passport guy who resides in Shahjehanpur and gave him a cheque against the purchase, that cheque has been bounced. now this shahjehanpur person has lodged a FIR and file a case in shahjehanpur CGM court agianst my uncle but involved me as well saying i am his partner, while that cheque wasnt given by me nor i have signatured nither i am involve anywhere in the business with him. since he doesnt know my name he has given a wrong name in FIR but saying to recognize me by face, i had receive a V W warrant at my home which is due on 29th January, 10.
Please help me to know the actual law to save myself. i am really scared of this since i have never been in to such police or court thing ever before.
Please help me out.
Regards,
Raj Kumar Makkad
(Expert) 28 January 2010
You need not worry. As you are neither have any business deal with your uncle nor have signed the cheque in question so there is no involvement of you in the the aforesaid crime.
There are two ways in your case to escape. One you go to High Court of Allahabad having its bench in Lucknow and seek quashing of FIR filed against you and meanwhile obtain stay order against further initiation of the proceeding at lower court.
Second course is to appear before the concerned court, get bail and let the evidence come and at the time of framing charge, argue the case on the facts stated by you in your quarry and get yourself discharged.
B K Raghavendra Rao
(Expert) 29 January 2010
Before making an FIR police are supposed to inquire into the complaint lodged by the other person by calling you to the police station and make enquiries about the facts against you.
Appear in the court with a surety, take bail and proceed as suggested by Sri Raj Kumar Makkad. Cheque bounce case would fail. You may initiate action against the complainant for falsely implicating you in a criminal case.
Querist :
Anonymous
(Querist) 29 January 2010
Thank you so much Mr. Raj, Mr.B.K. Rao & Mr. Sachin.
one more thing since today is the date which was outlined on the warrant and I could not go to court, since we are stressing our uncle to get me out of this any how, but he seems little slow in doing things. So since i am not present in todays hearing what implecation would come as result. am i going to receive another warrant or i can get bail any time tomorrow, day after tomorrow or with in a 4-5 days time.
Please light over this too.....
Thankx
Guest
(Expert) 30 January 2010
For more information and help visit www.airyourlegalqueries.com
