My son took loan of Rs 50000/= from a micro finance company, and signed blank papers and gave blank signed cheque in January 2008, It was agreed that he will pay Rs 200 per day. he paid this amount for about 200 days. Company was not giving any receipt of these payments, but their representative was entering in card.
he suffered losses in shop and was forced to close shop and his bank account. There was dispute in balance amount, so he did not pay balance amount, so company did not gave back cheque.
Now I have come to know that Company presented the cheque in May-2010 by writing Rs 81000/= ( which is not in my son's handwriting), claiming that he has given this cheque in May-2010 ( false statement), further company claims that he was paying Rs 170/= per day where as he was paying Rs 200/= per day, more over company has claimed that they paid Rs 61000/= loan, where as they paid only Rs 50000/= for which we have evidence.
Now company has filled cheque bouncing case against him, we have not received summons, but from bank we came to know that summons to us were returned with remarks "refused to accept", where as my son leaves home at 8AM and comes back at 8PM night.
I want advise on following:
a) what defence we can take
b) Is there Supreme court / Delhi High court Judgement in similar case
c) Can we file case of falsification of accounts, cheating against company and seek stay in cheque bouncing case?
d) Should we apply for anticipatory bail
e) Can I represent my son in court ( I am not lawyer), if so, is there any ruling.
Regards
Satish
