Cheque bouncing case

Hello Vikram,

As I am still a student so before following my advice i would suggest you to consult an expert on it. 

As u mentioned ur friend already paid installments and has a bona fide intention to pay back the rest of the amount after getting job, i.e. after 2 months, I would suggest your friend to file a caveat petition under section 148 of CPC. This would buy a reasonable time of 90 days from the day of filing, in case the lenders present the cheque, further giving rise to litigation on ex-parte dismissal of the case. Though this wont help for the litigation regarding bouncing of cheques.

the advocasy charges would be nominal including the filing charges, except for the sending the documnts to the parties.  With the available information, this is the best solution I see and would suggest you to DISCUSS IT WITH AN EXPERT BEFORE FOLLOWING.

1. They cannot lodge any police complaint !! So dont worry on that front.

2. Since your friend will clear the dues honorably in two months, then do not worry much.

The procedure is that, he will get the cheque bounced, then notice, then reply, then the complaint by him and then summon to your friend, this all will take more than 2 months. So you will get out of this.

Although he should pay honorably but in his reply he can take a stand that the stated cheque was issued blank as security for the dues of his father on so and so date (truthful facts) and under the circumstances this does not attract the penal S.138. Since his father has expired and cleared his dues in his life time, so there is no liability on him and the complainant should return back the cheque rather than misusing the same for extortion.

This will cool him off, but remember, if dues are genuine then pay.

first of all issue stop memo to the bank stating that there is no legally enforciable debt, state that the entires in the cheque are not belong to you friend etc. the same stand should be taken in the reply notice also. defend the case with the help of good lawyer. scope for police complaint is very less in this case

Adv. Aboobacker