Fraudulent cheque case
Nigel Das Dev
(Querist) 08 January 2014
This query is : Resolved
My Father had given a couple of blank cheques, about 10 years back (2002), to a Person we have known for over 20 years (1992). These were given to him as security for Money borrowed on Interest. This has been common between us since 1992 to 2002, and he seemed to be trust worthy. All dues were cleared in the year 2002. However we do not have any of these in writing.
He has Deposited that Cheque for 75,000 (claiming informally that we still owe him money) on March 27 2013 and the same has been returned due to Insufficient funds. Following this he has launched a [false] complaint stating that we had borrowed money in 2012 (which we never did) and had hand him this Cheque. The local lawyer we have hired says we do not have much hold on the case since the cheque was still valid when it was dropped.
I acknowledge that it was a folly on our part to hand him a blank Cheque. Whereas he works for a Nationalized bank and had appeared decent all the years.
However I have a couple queries to find out if there is something we could do to prove our innocence.
1. The Signature on the cheque has significantly changed in comparison with the Scanned Signature in the bank's record, as this Cheque book was issued sometime around 1995. Moreover the Check book facility for this account has been disabled in 2007. Does this give us any leverage in defense?
2. If we hold a spycam video(cellphone video) of him confessing that he had lent money for Interest and this is the only way he can recover it (False accusation as mentioned above), would it be admissible in the court. Or will it still be considered Invasion of privacy?
I look forward to your suggestions. Kindly excuse me if I sound too dramatic.
ajay sethi
(Expert) 08 January 2014
admittedly you had given signed blank cheques . it is not your case that cheque book was lost and that you have filed police complaint to that effect . he has filled in particulars and deposited cheque of Rs 75,000 in march 2013 . you must have been issued legal notice . what was defence raised in reply to legal notice .
merely because signature has changed over years does not give any leverage in defence .
Nigel Das Dev
(Querist) 08 January 2014
Thanks for your quick response sir. To be truthful, We dint take the "Notice" Seriously Since he was more like a family friend and was open for discussion. Whereas now out of the blue, we have been issued a warrant and have been invited for Court hearing. The So called Summons from the court never reached us.
SHIRISH PAWAR, 7738990900
(Expert) 08 January 2014
If the warrant is issued you have to attend the court and defend the case. Appoint an advocate.
Adv. Chandrasekhar
(Expert) 08 January 2014
If you prove that the cheque book facility for that account was disbanded long back in 2007 and also prove spycam video in accordance with law, which is not violation of any law and you have a strong ground to win the case. As Mr. Pawar suggested engage an advocate to win the case.
Devajyoti Barman
(Expert) 08 January 2014
Do not get worried. Appear in court on the date fixed or on any date prior to next date.
The warrant would be recalled. It is called appearance warrant. DO not waste time to avoid police harassment.
Nigel Das Dev
(Querist) 08 January 2014
Thanks for your suggestion. Actually I live in Chennai and it is my Father who lives in a small town that is facing this trial. We have indeed appointed a lawyer, where they are more inclined towards settling the issue out of the Court.
Nigel Das Dev
(Querist) 08 January 2014
Thanks a lot for your time and all your inputs. I'll keep you informed of the proceedings.
Rajendra K Goyal
(Expert) 08 January 2014
Attend the court and engage a competent lawyer.
Devajyoti Barman
(Expert) 08 January 2014
welcome..do cross check what your current advocate is suggesting.
