Dear attorneys... i need a legal advice.. can any one give me a reply please
Ann
(Querist) 13 June 2012
This query is : Resolved
Can a look out notice be issued for a check bounce case of rs 1 lakh. Actually my brother has got 50,000 rs from a private financer for an interest rate of 1000 rs / day for an emergency purpose. They took a chek and promisary note frm him for assurance. He had paid a sum of 7000 rs every week as an interest rate @1000 rs every day. And after a serious of payments , he could nt continue the paymeny anymore and mean while he got a job in abroad. Now the financer has filed a case under NI act claiming for 1.5 lakhs. and now my brother needs to come back to india. Will there any possibilty of issuing a look out circular for him at the airport? Now we are ready to settle down the case to somehow relieve from this. But we need to know whether he will b having any look out circular issued at the airport, as his wedding is been fixed.Please anyone help me to know the legal aspects of this case.
Adv.R.P.Chugh
(Expert) 13 June 2012
LoC in such a case seems unlikely to me at this stage, Discuss with complette facts - the exact stage at which the matter is pending.
Ann
(Querist) 13 June 2012
As of now we do not have any clue on what stage the case is on.
i would like to add up one more information regarding this.. In the biginnin when they filed the case, a police men approached our uncle who was residing near my brothers ex - residence . The police came with a letter stating that there is a case againt my brother and he asked to settle the amount with in next 60 days or take a bail. Or else the case will move to LPR. We dont have any clue what is meant by LPR. and we dont know whether it was a sommons or a warrent. That was the first and last information we got regarding this case.And after that no letters/Notice or police approached him.
Devajyoti Barman
(Expert) 13 June 2012
The Security Control on advice of the IO can issue LOC if it thinks the the accused person is likely to abscond.
In cheque bounce cases the nature is of quasi criminal where no state sponsored investigating agency is involved.
Here the court is very unlikely to pass such order though in the context of long absence of the accused person the court may declare him proclaimed offender.
Ann
(Querist) 13 June 2012
As of now we do not have any clue on what stage the case is on.
i would like to add up one more information regarding this.. In the biginnin when they filed the case, a police men approached our uncle who was residing near my brothers ex - residence . The police came with a letter stating that there is a case againt my brother and he asked to settle the amount with in next 60 days or take a bail. Or else the case will move to LPR. We dont have any clue what is meant by LPR. and we dont know whether it was a sommons or a warrent. That was the first and last information we got regarding this case.And after that no letters/Notice or police approached him.
R Trivedi
(Expert) 14 June 2012
Did anyone recive the notice ?
Did anyone receive the summon ?
Are you aware about the court in which case is filed ?
Can you find out from his Bank account when the cheque got dishonred or for how much amount ?
You seem to be asking questions without proper homework. Court can do anything to secure the presence of accused, if case is properly instituted.
Ann
(Querist) 14 June 2012
sir,
No one was there to receieve the notice, only the police has approached and told that there is a summons and the person has to settle the amount of Rs 1,25,000/- (on the hearing date)the summons was issued on 31st march and the hearing date was on june 5th. If the person is not here, he requested to appoint a advocate to take bail or else the case may move to LPR.
SAINATH DEVALLA
(Expert) 14 June 2012
Ann,
What the moneylender needs is his money.Hence my sincere advice is to settle the matter outside court as your brother is abroad.
Shonee Kapoor
(Expert) 14 June 2012
Very unlikely that the LoC would be issued in such case, but contest the case, as money-lending without license is illegal and the interest charged is beyond reason.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
