False cheque bounce case
Maneesh
(Querist) 19 September 2017
This query is : Resolved
Dear Respected Sirs,
My father retired from Government Service in 2006. His blank signed cheque was stolen from his cheque book and presented in bank in 2007 with an amount of 3,70,000/- .
We have been fighting since and now our advocate says that we have to shred some money to win this case but on that cheque the handwriting of my father doesn't match with the filled amount in words and amount.
My father is a pensioner and my deepest concern is that if anyways the complainant wins the case then is there any threat to my fathers pension. Our lawyer was earlier very sure that we will win this case and now he suddenly started to say that we should look for some other options also like we have to give some money to have confidence of the judge but we are not ready for that because we are fighting this case since 2007 and this is now in its last stage.
Please guide me what should I do. Do I need to change my lawyer but I thinks at this stage it would be not fees able.
As I am the only breadwinner to my family i am deeply concern about my fathers pension part.... Pls Help.....
Advocate Bhartesh goyal
(Expert) 19 September 2017
Cheque bouncing cases ( sec 138 of N.I.Act )are criminal nature cases where penal provisions applies I.e up to two years imprisonment and fine up to twice of cheque amount .There is no provision of attachment of pension or salary.
Rajendra K Goyal
(Expert) 19 September 2017
Well advised, agree with the expert Advocate Bhartesh goyal.
P. Venu
(Expert) 20 September 2017
It could be less than truth that your father had lost the cheque. The facts suggests that your father had given a blank signed cheque to a money lender (blade mafia) for getting money at exorbitant rate of interest. Your father had paid more than the money and the interest, but still the lender has chosen to present the cheque with an amount of his choice and when the cheque had bounced has made a complaint u/s 138 NI Act. It is usually the defence suggested in such cases that the signed cheque has been lost/stolen.
Anyhow, no attachment could be made from pension. And the complaint, even if allowed may result only in token imprisonment.
