Cheque bounce case backed with unregistered lease deed
Y R Dinakar
(Querist) 17 May 2015
This query is : Resolved
Dear Sirs,
My father is staying with me post his ill health in Chennai ,taking advantage of my fathers ill health my brother has occupied house in my native and he has created unregistered lease deed stating that he had paid Rs.28 L in cash and which need to be refunded after three years with out interest and he is threatening that he is having a cheque signed by father and he will file cheque bounce and claim Rs.28 L with the support of unregistered lease deed. What is the recourse my father will have.Kindly advice
Jeetender Gupta
(Expert) 18 May 2015
At this stage only speculative & academic. Let the cheque be presented & returned. If he files case under NI 138 then raise defence there.
Rajendra K Goyal
(Expert) 18 May 2015
If he file case of cheque bounce, he need to prove all facts and the loan.
Let him claim the amount. Your father may approach police against blackmailing and obtaining the possession of the property.
T. Kalaiselvan, Advocate
(Expert) 19 May 2015
If it is apparent that he is likely to misuse the cheque belonging to your father, he may first issue instructions to bank to stop payment and also send a copy of the letter along with a complaint to the local police on criminal intimidation charges as well as for creating fake records and blackmailing on that aspect. This will be sufficient even if he is going ahead with his threatening cheque bounce case. Discuss with your lawyer and take decision of his advise.
malipeddi jaggarao
(Expert) 20 May 2015
How do you know all these things? Mere oral threats? Do you have the copy of the created lease deed? Whether your father given him any blank cheque and if so for what purpose? Come with full facts.
