Cheque bounce cases
Rajesh Bangalore
(Querist) 02 June 2014
This query is : Resolved
Hi All,
I need your professional help.
One of my relative had taken money from his friends and in-turn they gave cheque for security.
During that time, my relative buisness was going good. After few years their buisness is went down and suffered a major loss.
Since there was no money to return to the people, my relative attempted to suicide. But gods grace he was saved. Now after 9 months of this incident one of the guy submitted the cheque into the bank and it was dishonoured and put a case of section 138C. My uncle had given 5 cheques each costs 1 lakh each. Now he dont have money at all. We are taking care of his wife, parents and 2 kids. He ran away, but we came to know that he is working as a security guard and running his life.
When we told about this case he told that I dont have money and ready to go to jail.
Questions
1) Now only 1 person put a case against now. In future the other 4 people also place a complaint. I want to know how to close this case. Since he dont have money he is ready to go for jail. After googling I came to know that max of 2 years of jail will be there. Does he go to jail for 10 years if every one put a case?
2) Does there any facilities available for the dependent people. Since he is the only person to earn.
They dont have any property left or money in the banks.
Please help me to understand more about this case and help them better.
Regards,
Rajesh
T. Kalaiselvan, Advocate
(Expert) 02 June 2014
First of all let him receive the notice for cheque bounce and demand for money, take it to an advocate, narrate the facts and first issue a reply notice denying the liability since it appears to be time barred claim and the cheque issued long back as security, afterwards challenge the case in the court, let the court decide about the punishment or otherwise, do not jump into conclusions based on misguidance. Lot of things are to happen before the judgment is passed. Watch the developments patiently.
Sankaranarayanan
(Expert) 02 June 2014
Well said by sri Kalaiselvan . First consult local lawyer and tell the situation , act aoordingly
