Dear attorneys.. can anyone help and advice me

And i would like to add up one mor einformation regarding this.. in the biginnin when they filed the case, a police men approached our uncle who was residing near my brothers ex - residence . The police came with a a letter stating that there is a case againt my brother and he asked to settle the amount with in next 60 days or take a bail. Or else the case will move to LPR. We dont have any clue what is meant by LPR. and we dont know whether it was a sommons or a warrent.

Better fight the case.  The possibility of your brother being apprehended by police in airport is very bleak because the money lender should have moved many institutions to do that like passports authority.  There are many legislations in many states regulating the money lenders and money lending business.  For instance, Kerala Money Lenders Act does not allow money lenders to charge in excess of two percent above the maximum rate of interest on loans charged by commercial banks.  The maximum rate of interest of commercial banks would normally be not more than 25%.  So what your brother paid is way above the rate of interest prescribed by such law may be more than 500% per annum or even more.  Per day Rs.1000/- means it is 365000 for 365 days.  It is almost 700% interest.  That is absolutely illegal by any standards.

So better fight the case in court of law using an advocate instead of yielding to their pressures. Rs.150000/- that he is demanding may be Principal + Interest till the date of legal notice.  He would also include the words Plus future interest after that and so, don't be under impression that it will only be Rs.150000/-. 

Demand license according to money lenders act, demand a copy of promissory note and all other exhibits he files with the court by appointing an advocate yourself and fight your case it will cost you not more than a Lac.

According to my knowledge, what i came to know is hat, this person is not actually owning a private finace company or anything. It is that he is lending money upon cheques.  actually the senario is like this, he borrowes money when he was working in Tamil Nadu, and the notice or summon ( which we are not sure about) was send to the residence in kerala, where right now the house is locked. so i dont have any clue that to what extend this person would have moved.

And actually to fight the case, is it necessary that any of th erelatives or the person should be there in person?

During evidence the accused person should be there.  Other hearings Advocate can take care of.

But in this case if he (brother) tries to cume back to india, will there be any chance to issue a Look out circular by the ministry or police commissioner for 1 lak cheque bounce case? Because, according to the input we got from the police, he said that the case may become LPR. sir could youplease tell me what is meant by LPR. And i have one more query, if at all if we think in other way, if the cout had issued a warrent , wouldn't the police go in search of the person to his permanent address?

In this case nothing of that sort had happened till the date, unless the police had came only once and approached my uncle and gave the information on the case and that was the end of the story.

This is a private complaint so not llok out notice.

However you should contest the case and seek exemption for presense in the court.

Engage a good advocate and on the point of private money lending you can win the case hands down.

Thanks a lot to everybody for all your valuable advice.

First and foremost I would like to point out, 138 N I Act is a bailable offence. Non Bailable Warrants even have to be issued only in the event that despite the service of summons by the court, if the accused does not appear before the court, in such event the court issues bailable warrants first. if despite persistent service there is non-appearance of the accused in such event, the court proceeds for issaunce of non-bailable warrant.

As regards look out circular, unless the complainant informs the court that the accused is staying abroad and the summons, bailable warrants and non-bailable warrants are not served and there is avoidance of service of the same, the same is not issued. More particularly, look out circulars are basically issued for hardened criminals. As stated supra, 138 is a bailable offence.

If your brother lands in India and lets take an example that non-bailable warrant is issued as against your brother to apprehend him, in such event you can prefer application for grant of anticipatory bail u/s 438 of criminal procedure Code. There are numerous judgments to that effect wherein courts including High Court has granted anticipatory bail where non-bailable warrant is issued as against the accused person.

Thus pursuant to procuring anticipatory bail, your brotehr will have to furnish the Order before the Police authority and further he can remain present before the concerned court and can seek regular bail else prefer application for being released on cash security.

I hope this explains you everything.