Dear lock under cheque bounce case
Querist :
Anonymous
(Querist) 27 June 2018
This query is : Resolved
Dear Gentlemen,
In 2010 my father on behalf of self and family members landed some lac rupees to a elite business man , in city as loan , against 5 Post Dated Cheque. Accused stopped paying the interest in the year 2013 and subsequently all 5 cheques for principal amount issued by him got dishonoured.
We filed case under the article 138 and since then not even single time he has been present for hearing or honored any warrant or notice served by honorable court. As per my strong information, he bribes the policemen every time who come with warrant and information of warrants reaches to him before the police.
Since 1 year after demise of my father, i am following matter with support of my fathers lawyer in the honorable session court, and seeing number of years and arrest warrants issued before going in vein, honorable judge has disposed 2 cases one month ago and issued a permanent arrest warrant under them.
But most unfortunately due to the said police and accused nexus, the warrant has not even reached even to the concerned police station ! The business man is living lavish , office home work life.
In other 3 cases on my lawyer behest, judge is now sending arrest warrant threw SP office but of same outcome, police return back warrant mentioning accused not found on address (before the next hearing date assigned ). I have recently met SP in person and asked for his intervention to solve the matter with an application, but have not heard back till time.
Please guide me what are options with me hereafter. I have started loosing hope and trust in system, will i ever get my money back ?
SHIRISH PAWAR, 7738990900
(Expert) 27 June 2018
Attend court dates regularly, take warrant personally to police station and take police for warrant execution. Consult with another advocate. You can also change advocate on record if he is not conducting case properly.
Querist :
Anonymous
(Querist) 27 June 2018
Sir, thanks for your valuable suggestion. Court dosen't handover warrant to me or allow taking its picture. Yes I have noted it's numbers and shared to police station.
Shockingly the permanent warrant issued in court has not been received in the police station.
Querist :
Anonymous
(Querist) 30 June 2018
Dear Sir /Madam,
Unprecedented happened today after 6 years, and accused came for the bail under one permanent warrant and my complaints to higher police official. He was bailed in other four cases as well under article 138 wherein myself , sister and mother are complainants under our individual cases.
Now to contest the cheque bounce cases further , my sister and mother (both homemakers) wish to give me power of attorney for all future hearings.
A. But my lawyer has informed me i cant represent both of them for (gawahi), they have to appear for (gawahi) in their respective cases as complainant . How correct it is ?
B. My lawyer further adds he will explain me how to face opponent lawyers questions (cross examination), but it would be very difficult for the ladies. Therefore i must seek out of court settlement with accused at this stage, by buying the offered land of accused builder (not so good deal , but accused stated to judge he has no funds to return and informed the judge that he is ready to offer plot , but i am not expert in real state and will be left with another headache to find buyer of property ahead).
So my second question is how justified is my lawyer suggestion ?
Only alternative i have is to recover all the principal amount threw court proceedings and the judgement hopefully . The motto of my posting this message is to seek your guidance whether my lawyer is correct in both suggestions A and B, or i must change the lawyer .
Hemant Agarwal
(Expert) 28 September 2018
1. 138 is a Criminal Case and not a Money Recovery case. Accused will be ordered to pay the money or in default go to jail, say for maximum two years. IF the accused goes to jail, you get nothing at all.
2. You may consider the offer of the Builder, AFTER getting it scrutinized and vetted properly by another property lawyer (not present lawyer). Withdraw the 138 case, ONLY after land deal is registered in your favor. This way your losses will be minimized. No other simpler solution.
Keep Smiling .... Hemant Agarwal
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