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.

For further consultation, reach out at adv.vishesh@icloud.com.

The posting suggests deeper issues. Please post the complete facts.

Both the cases i.e., u/s 138 NI Act, (for cheque dishonour) as well as u/s 420 CrPC (cheating) are not maintainable and liable to be dismissed against son for his eductional or upbringing.

Contact, consult and engage a local prudent lawyer to contest/defend your interest properly and professionally.  

The cheating case nor a cheque bounce is maintainable because there's no legally enforceable in this.

Sir

I was forcefully made to sign on a debt agreement by the Circle Inspector in 2021.

I immediately complained to Superintendent of police.

But that debt agreement was not registered.

In that agreement they gave a debt of 23 lakhs.

But I already cleared 30 lakhs before that agreement.

C.I and S.I were severely tortured me by calling me to station at any time they want

This agreement made in the year 2021 is barred by limitation.

But what were you doing for all these years without taking any action on this.

Sir

I complained to Superintendent of police.

S.I and C.I were very harsh to me.

They were not at all listening to me. They even took my house documents from me and handed over to my step mother. 

I cleared the education loan (home documents were kept for surity)and kept that house documents with me as I don't trust my step mother.

After complaining to higher police officers when no action was taken, did you move to area Magistrate with your complaint / grievance ?

Being more that 4 years old case no legal action can be intiated against the officials.

Whether the police officials issued any receipt for taking over original title documents ? If so, Issue legal notice followed by filing a suit for mandatory injunction to retrun the documents thorugh a local prudent lawyer. 

I COMPLAINED TO HUMAN RIGHTS. BUT TO MY SURPRISE, THEY STATED THAT NO POLICE WERE INVOLVED IN THIS MATTER. SO THEY CLOSED THE CASE IN LUMINI COURT.

I CLEARLY MENTIONED THAT C.I AND S.I WERE HARASSING ME. BUT STILL NHRC STATED THAT.

PLEASE SUGGEST

Based on the information, several factors suggest that the cases may not be valid:

Debt Already Cleared: The son has already cleared the amount. This significantly weakens any claim of dishonest intention or financial harm on the father's part.

Cheques Left at Home: The fact that the cheques were left at home and allegedly used after the son left raises questions about the father's intent and whether the cheques were misused.

Family Dispute: The backdrop of a family dispute (marriage against parents' will) suggests a potential motive for harassment and misuse of the legal process.

Mens Rea (Guilty Mind): To establish cheating, the father must prove that the son had a dishonest intention from the beginning4. Given that the son has already paid for his education, it would be difficult to prove mens rea.

Any details kindly call ravi retired judge 9551109999

Thank you so much sir

Is this not a repeated query?

lawyersclubindia.com/forum/details.asp?mod_id=234687&offset=1

मुफ़्त के चंदन घिस

मेरा नंदन

लंबा लिलक लगा बाबा

पैसा कोई मांगे तो आगे-आगे जा बाबा

You have a very long history of raising multiple thread s on the same issues :-

(1)   https://www.lawyersclubindia.com/forum/debts-218434.asp

(2)   https://www.lawyersclubindia.com/forum/lawyer-threatening-218490.asp

(3)   https://www.lawyersclubindia.com/forum/details.asp?mod_id=218424&offset=1

(4)   https://www.lawyersclubindia.com/forum/c-i-pressurising-to-clear-65-lakhs-218667.asp

(5)   https://www.lawyersclubindia.com/forum/how-to-get-rid-of-police-in-civil-matters-224951.asp

(6)   https://www.lawyersclubindia.com/forum/interference-of-an-outside-person-225017.asp

(7)   https://www.lawyersclubindia.com/forum/rights-of-my-step-mothers-brother-225052.asp

(8)   https://www.lawyersclubindia.com/forum/c-i-asking-me-to-come-home-leaving-my-job-225177.asp

(9)   https://www.lawyersclubindia.com/forum/c-i-pressure-225190.asp

(10)           https://www.lawyersclubindia.com/forum/details.asp?mod_id=226373&offset=1

(11)           https://www.lawyersclubindia.com/forum/forcefully-made-me-signed-on-bond-papers-226383.asp

(12)           https://www.lawyersclubindia.com/forum/c-i-forcing-me-not-to-go-to-my-job-226865.asp

(13)           https://www.lawyersclubindia.com/forum/police-harassment-228173.asp

(14)           https://www.lawyersclubindia.com/forum/details.asp?mod_id=228127&offset=1

(15)           https://www.lawyersclubindia.com/forum/details.asp?mod_id=228330&offset=1

(16)           https://www.lawyersclubindia.com/forum/details.asp?mod_id=229022&offset=1

(17)           https://www.lawyersclubindia.com/forum/f-i-r-229562.asp

(18)           https://www.lawyersclubindia.com/forum/cheque-validity-229648.asp

(19)           https://www.lawyersclubindia.com/forum/details.asp?mod_id=229688&offset=1

(20)           https://www.lawyersclubindia.com/forum/details.asp?mod_id=229694&offset=1

(21)           https://www.lawyersclubindia.com/forum/no-summons-received-229737.asp

(22)           https://www.lawyersclubindia.com/forum/investigation-stopped-by-police-229864.asp

(23)           https://www.lawyersclubindia.com/forum/procedure-to-meet-district-magistrate-229871.asp

(24)           https://www.lawyersclubindia.com/forum/sec41-crpc-230175.asp

(25)           https://www.lawyersclubindia.com/forum/criminal-complaint-236965.asp

(26)           https://www.lawyersclubindia.com/forum/case-withdrawn-236989.asp

(27)           https://www.lawyersclubindia.com/forum/filing-f-i-r-229775.asp

(28)           https://www.lawyersclubindia.com/forum/details.asp?mod_id=236962&offset=1

(29)           https://www.lawyersclubindia.com/forum/details.asp?mod_id=235827&offset=1

(30)           https://www.lawyersclubindia.com/forum/details.asp?mod_id=237008&offset=1

In almost each thread you are giving a piecemeal information and seeking advise.    In some cases it appears that you have taken yourself as examiner and experts are students appearing in LLB examination and attempting a short note.

You will never be able to get a complete advise unless facts are shared in one go.

The advise based on partial facts may not be suitable and rather can be counterproductive.

The loser in this game will be you and you alone.

The experts on this forum are giving this charitable advise spending their own time unsing their own electricity and net connection.  It is not fare to play hide and seek with experts.

Yes, the querist is trying to have fun by setting question papers. The integrity of this platform requires that such postings are ignored