How to Handle Cheque Bounce Case

In ur quedstion it is not clear in whose name property is purchased.  Cheque and blank signed bond papers are of your father, your father is liable to pay the amount.  Even cheque given as a secutiry is also attracts the Ni Act.

Bettter you convince the person form whom amount is brought.  Otherwise your father will have face the consequences

Whether the person who has given an amount is issued a notice or not it is not clear in your question.

U can do one thing, u publish the notice in the local news paper in your faher's name that so and so number and one blank signed bond paper is lost while travelling or while going to home etc., if any body found the both they ma;y kindly be returned or if any body misuses it such acts will not be binding on me.

This is the only trick u can do.

No Criminal case arises.. As you told that your father who signed the cheque died..

Criminal case can  be instituted/proceeded against a live person only. 

Sorry, I couldn't go thru., ur question in detial, only now I came to know that ur father is no more, so question of initiating NI act proceedings against live persons does not arise.

This is the problem I raised sometime ago. Lawyers are designing tricks to defeat the letter and spirit of law which has made India hell in so far as dissemination of justice is concerned. India ranks at the bottom of the world in contract enforceability. By suggesting concoction of facts/evidence, aren't the fellow laywers who are supposed to respect law more than anybody else in the society, showing utter contempt to it? It is like a priest showing contempt to his deity.

Unknown,

In so far as your father and and the cheque and bond issued by him are concerned, the lender or the person to whom the cheque and the bond paper are given has every right to proceed against your father under negotiable instruments act in case of dishonor of cheque (which is criminal case)issued by your father. Whether the lender would succeed in the case or not depends on the facts of the case mentioned in the complaint and the evidence led by both parties.

You have not mentioned clearly as to in whose name the land was purchased by your fathers brother. If none of your names (i.e. your father or you) figure in the property papers as purchasers, then you can claim your right by filing a civil case against your fathers brother

 

Anil,

I do not understand what you wanted to state. But before making any comment with regard to any profession, that too by posting a comment in a website concerned with that profession, you should have some restraint. I do not know what loss you have incurred by any act of a lawyer. Whatever an advocate does is for the benefit of his/her client and with full consent from the client, sometimes under pressure from his/her client to do so.

 

Mr Ram krishna ! let us ignore such coments. benevolent acts and free advises are always pron to such remarks. let him know the cost of legal advice in USA and other western countries.

yes the learned friends are right in saying that if your father is not alive, then no criminal cases under NI ACt will be leived against him now. no worry .

There is no liability under the cheque, but you are morally liable to pay the money you owe if you are enjoying its fruits.

Dear Learned Advocates, please try to understand his question. His father is alive and his father's brother has got died (who owed money to purchase land and given the blank cheque and blank bond paper signed by the inquirer's father).

 

Mr. Pushkarna has got it right. And if I understand from what he wishes to convey to us -

His father's elder brother had purchased 5 acre land and for that his father had issued blank cheque ( whether amount was written or not ?? ) and blank bond paper to the person ( lender ) who had helped them financially to purchase the sais 5 acre land. Now his father's brother has expired and the lender who helped them wants his money back and is harrassing his father by threatening to encash the cheque.

Well, His father is actually aware of everything. We do not know in whose name the said land was purchased. The lender is well within his rights in asking the money back and he may try to get it by hook or crook. Information being not enough, we cannot help you much. It is better that you and your father settle the matter with the one who helped you financially and get back the cheque as well as the bond paper. otherwise it will be misused by him for filing of 138 case. And as said by Mr. Ramakrishna, whether the lender would succeed in the case or not depends on the facts of the case mentioned in the complaint and the evidence led by both parties.

 

Sorry to state that the comments of Anil, in this forum, is not good for anyone. If he has got any grievance let him leave this forum and approach some other forum to vent his feelings. The admin of this site should make strict rules regarding the entry of persons into this forum.  

138 dies with the accused .