Cheque bounce or civil suit for money recovery

Querist : Anonymous (Querist) 19 January 2021 This query is : Resolved
Respected Sir,

My mother is a old Lady 63 years, she has various ailments including Cancer. She is always under treatment either of Medicines or Investigations.
In year 2004-2005 she had taken some money around 1 lakh in lots of 10 k or 20 k from a person that too on monthly Interest of 5%. I discovered this in year 2008 then I asked her we manage to pay and clear the due of that person. This person has Cheque of my mother in his custody. he gave back it to us in 2008. This person also helped my mother in getting the loans from banks/NBFCs on Higher rate of Interest. He has asked my mother to open an account in his branch of HDFC bank. this all happened between in year 2005-2008. later on my mother has taken some money again from him in 2010 and this goes till 2016. No Cheque was given in this period. A Interest of Approx. 4 times of the principal has been paid. Even the original principal also includes at least 33% of the Interest Part which is not paid in between. all transactions has been made thru cash. except there is one payment made in 2008 thru Cheque. Now in 2020 he came to our house and given us the threat that I have 1 Cheque specifically if you don't pay then. Now while reconciling our books. I found 6 cheques were missing from that HDFC bank account Cheque book which was opened thru this person. my mother not able to recall whether she has issued those Cheque to him or to whom either for loan purpose or for what she don't remembered any thing. This account was never used by my mother since it was opened. The other cheques are also missing however that may be go to banks as post dated and once Cheque was bounced banks collected the payment in cash and issued the receipt. there was no follow ups with bank as all loans was oven in 2011 itself. now this person may have 6 cheques of unused account but account is in my mother name. he also may have 1 Cheque of any other account as he has given threat of that 1 Cheque may be originally my mother had given him 2 cheques out of that 1 was retained by him. definitely these are non-cts cheques. in case if he had cheques what should I do to safe my mother as she is a cancer patient and old. what are the chances that he can file any civil suit for money recovery.

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Advocate Bhartesh goyal (Expert) 19 January 2021
If alleged person possesses blank cheques of your mother and your mother has apprehension that person might misuse of blank cheques then for her safety lodge FIR for lost of cheques and simultaneously get published a notice in newspaper for same

krishna mohan (Expert) 20 January 2021
You can lodge a complaint against the person with local police station. You can report to Bank with copy of complaint and stop payment as lost cheque.

Rajendra K Goyal (Expert) 20 January 2021
Well advised by the expert Advocate Bhartesh goyal, agree to it.

SHIRISH PAWAR, 7738990900 (Expert) 20 January 2021
Hello,

In addition to the above try to settle the account with the lender otherwise there will apprehension that the lender may misuse the cheques.