Cheating case

A cheating and cheque bounce case between a father and son for educational expenses is generally not maintainable in law, as money spent by a parent for a child’s education is not a loan but a parental duty. Since the son has already cleared the amount, any further claims made by the father and stepmother could be seen as an attempt to harass him.

If the father is misusing blank cheques left at home, the son should immediately file a police complaint under Section 406 IPC (criminal breach of trust) and Section 420 IPC (cheating), stating that any signed cheques left at home are being misused fraudulently. Additionally, under Section 138 of the Negotiable Instruments Act, a cheque bounce case is only valid if there was a legally enforceable debt at the time of issuance. Since the son had no financial liability, the cheque case can be challenged in court on the ground of misuse.

To stop harassment, the son can file an injunction suit in the civil court, seeking protection from false claims and restraining his father from further legal actions. If continuous false cases are being filed, he can also approach the High Court under Section 482 CrPC to quash the false proceedings. If threats or mental harassment continue, he can file a complaint under Sections 503 and 506 IPC for criminal intimidation.

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