Help for long pending criminal case for cheque fraud
Later
(Querist) 17 October 2014
This query is : Resolved
Hi,
This is for my father who is a senior citizen. He had given power of attorney to a blood relative to sell his land as the relative deals with real estate. But the relative duped him by selling off the land on his own accord and didn't inform my father about the sale. When my father came to know of this, he requested the relative and his family to pay him the money. The relative gave some cheques but they all bounced off. He repeatedly requested the relative to settle off the money but the relative never obliged. As this didn't work out for compromise within the family, my father pursued a cheque fraud criminal case in the court. This is pending for more than 3 years now. My father has given a petition in the court stating that he is 60+, a senior citizen and wanted the court to close this case ASAP. But it doesn't work out at all. Sometimes, the irony is that the relative, his lawyer and my father's own lawyer do not turn up and the case goes for vaaitha after vaaitha. My father survives in his own pension and we are all daughters, one yet to be married. Because of this issue, he had to take a loan to see my first sister to get married off and he is repaying his debts now. My mom passed away owing to cancer. This case is adding to his turmoil and sorrow which he is going through already. I kindly request you to tell me if there is anything in the law to see my father come out of this ASAP with the money being settled by my relative. I read recently in the papers that the high courts have referred the cheque criminal cases to speedy trials but this doesn't happen in reality. Kindly advise in this. Thanks in advance.
Later
(Querist) 17 October 2014
The cheques bounced one month after issue. This happened twice.
Sudhir Kumar, Advocate
(Expert) 17 October 2014
how old is the bouncing.
If you think that by hiding dates you can gain any edge over the experts of this forum you are wrong.
Rajendra K Goyal
(Expert) 17 October 2014
You have not cared to reply the simple question of expert but gave a technical reply, may not be helpful to you.
If any event is current, lodge FIR, engage another lawyer.
ajay sethi
(Expert) 17 October 2014
cheque bouncing cases take 5 years to be disposed of . it depends upon pendency of cases in court
ajay sethi
(Expert) 17 October 2014
your father should have filed summary suit too for recovery of money . his claim is now barred by limitation
Sudhir Kumar, Advocate
(Expert) 18 October 2014
MONEY GIVEN TO RELATIVES AND FRIENDS IN THE GARB OF LOAN IS ACTUALLY A CHARITY AND NEVER TO BE RETURNED. YOU ARE NOT FIRST OR LAST CASE.
V R SHROFF
(Expert) 18 October 2014
POA is allowed to execution of land, not to retain money.
File 420 with Police for quickest result.
Oiling machinery is a must for speed,
otherwise EVERYTHING IS LATER!!!!!!!!
NOT better. ok mr LATER??
T. Kalaiselvan, Advocate
(Expert) 20 October 2014
You may proceed as advised by experts by lodging a criminal complaint with the police u/s 420 as well as money recovery suit in civil court besides cheque bounce case.
Later
(Querist) 20 October 2014
Thanks for all your replies. I am sorry that I didn't check the forum over the weekend and hence the delay. I am not keen at hiding the dates, dear Sirs. This happened before 3 years, to be more precise in Sep 3 years back. As Mr Shroff indicated, this went for a police case first but that didn't work out. Hence, we proceeded with the court. But whenever the case comes for hearing, it gets postponed for future dates. Considering me a layman in viewpoint of law, just wanted to know if there is any provision of getting it speeded up. My father had given a petition already that he is a senior citizen.
