Section 138 implications of legal heir

No it is not possible, talk to your advocate and respond as per his guidance to whosoever communicating with you on the subject.

in case your father is not traceble and absconding as per opinion of police, they may seek you to help them to serve the warrent. further you can also inquire whether any incidental liability arises on your part as family member as per agreement in with company.

you are required to make necessary inquriry and get the facts clear from the police as well as the company from whome loan is taken by your dad. also take advice from advocate in this regard.

Thanks for the reply....The loan would have been taken from Citibank or ICICI bank duirng 2003 and now the bank has initiated NIA after 5 years!! Not sure about the incidental liability for being part of family member

Not at all.

If your father has issued the cheques he alone is responsible for consequences of bouncing of those cheques.  You will not become liable for his criminal action. Even if you are liable to pay the debt of your father, if your father is not traceable for a period of seven years or more, the only recourse for the bank is to file a civil case for recovery of money.  You need not bother about arrest warrant,  it would not be issued against you

 Please follow the advice of Advocate Vishal.  You would be in no way responsible for the loan taken by your father - particularly under section 138 of the NI Act. You need to provide full cooperation with the police in providing any details of whereabouts of your father. Once this obligation is complied there could be no warrant issued against you for this case.

vasudevan

Why this situation has been allowed to develop?

 Experience shows that police will arrest the son, torture him to know the whereabout of his father. Why only son? They can torture every other member of the family. Glaring example is that of Ruchika's brother. Arrested, tortured and ultimately led to her death. It is as common as changing your socks. Donot get excited and donot talk of law when it comes to facing police. Police itself is law.