Sec 138 of negotiable instruments
Anika
(Querist) 18 October 2012
This query is : Resolved
hello Sir,
myself anika from bhubaneswar orissa. I got a call today from delhi police stating that a warrant is issued against my father.
cheques were bounced against a personal loan.
what should i do?
they are sending 4 officials tomorrow
they have enquired all about me, reached my office nos. also,
please advice
Devajyoti Barman
(Expert) 18 October 2012
First check whether the calls were genuine or not as in most cases these are hoax calls.
If it is genuine then do search for the case and pry for recall of warrant on surrender and then go on fighting the case.
Anika
(Querist) 19 October 2012
Thanks for your advice.
How to check the calls are genuine??
i want to know do they have the power to question me as i m not the accused? and if yes up to what extent?
and what are my powers ?
Guest
(Expert) 19 October 2012
You could have taken caller's phone number and name and would have checked at first about the phone number to whom that belonged with the help of the concerned service provider telecom company or the internet, then called the person on the other side of phone to ask if he made any call to you and the purpose of calling you.
Secondly, you are not at all concerned with the case. They have no power to question you. Just tell them to contact the concerned person.
If some one visits you, call some 2-3 witnesses with you and ask for his official identity card in their presence to verify his genuineness.
ajay sethi
(Expert) 19 October 2012
when the 4 officers come ask for theirid , their name , designation . copy of warrant issued by delhio court against your father . since no warrant is issued against you and you have not taken any person loan why do you fear?
Anika
(Querist) 19 October 2012
Thank you Barman Sir, Dhingra sir & Ajay Sir,
i tracked the number of thh inspector who called me and the number that they gave of the advocate who file the case..
its registered in the same name with the same address.
and now they only they called on my ofc number and said that i should speak to the advocate and go amicable or else they will take action within 2 hours
Guest
(Expert) 19 October 2012
Dear Anika,
This can be only a trick of the advocate in connivance with some police inspector. Check complete particulars of the inspector to which police station he belongs, and also check the case status from the concerned court whether any warrant has been issued or they are playing just a trick on you for the ease of the advocate to get the case settled out of court by using you as a target to their ploy to make you compel your father. If that be the case, beware, the court case, if any would still remain at their own mercy to be withdrawn or not.
Anika
(Querist) 20 October 2012
You are absoultely right Dhingra Sir, they are trying and claim the amount from me by threatening me and reach my father, coz till now they havnt taken any action and calling me up by givin deadlines to settle.
Thanks to all the experts for the advice.
Guest
(Expert) 20 October 2012
You can't be held responsible for cheque dishonour of your father in any way. If anyone tries to visit your office or residence, just call police control room by dialling 100 and get them arrested for their illegal act. They can contact your father only for settlement of dues or sue your father in the court of law and can't build up any presure on you, if you are not the guarantor in the case. If any warrant has been issued against your father, they should get in touch with your father only, not you. Rather you may file an FIR against the advocate and the Insspector who had been contacting you in the case.
Arun Kumar Bhagat
(Expert) 12 November 2012
HSBC Bank, India Bulls etc.are some companies/banks which retorts such activities.
V R SHROFF
(Expert) 12 November 2012
if you are not the guarantor in the case.
then act as advised by shri Dhingraji.
