Cheque issuer absconding

SA

Hello Lawyers!

 I need an opinion from you. Please help me out. Let me explain my situation.

I’m currently in the USA and I have loaned 7 lakhs to my tenant in India when he met with an accident (a major one). His wife came and asked for help. We gave them the money in cash and got a cheque leaf, two promissory notes and a fifty rupees stamp paper along with their house rental agreement copy, bank pass book copy and a DL copy. (all his wife’s documents)

Now they are not returning the money as promised and also they have moved to a new house which I could not trace and they are not attending any of the calls. My questions

  1. Can I still file a criminal case in case the cheque bounces if I am not in India or can I deposit the cheque in my mother’s name and proceed further?
  2. How to proceed the suit in the court if the lawyer notice returns undelivered to the old address?
  3. Will the court summons the police to track those people in case I’m not able to track them?

 

Please provide me your opinion.

 
Reply   
 

First you deposit the cheque if it is bounced then u handover the case to a well versed advocate and he will look after the case.
 
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Advocate Solicitor & Consultant

Dear friend,

Cheque bounce is a criminal offence in India and is a punishable offence under Sec 138 Negotiable Instrument Act.

You are advised to put the cheque in your qccount for the clearance as the liablility attached to the cheque is carring on with you since you have given the advance cash to him. many of the criminal cases on the basis of the complaint of NRI's or foreign residents are currently gong on in India. so dont worry for the same. Only you have to issue a notice for payment to him with in one month of the cheque bounce. However in case you can not trace him in India to serve  a notice you can get it published in the news paper for the same and side by side can also make a police compliant against him.Police will tarce him out through the bank account address or through its local leads, for which you do not have to worry. Even with the help of Court you can get a proclamation order against him.

With Regards !!
.
for Anand Bali & Associates,
Anand Bali, Adv.
(B.Com.; M.A.;LL.B.; M.B.A.
Advocates, Solicitors & Consultants.
Supreme Court Of India
High Courts of Delhi, Punjab, Haryana, UP & UK
For Civil, Property, Recovery, Cheque Bounce &
Family Dispute Matters, Divorce, Maintenance,
Domestic Violence &. Judicial Separation etc.

 
 
 
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SA

Thank You Sir

 
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Dy Director

cheque bouncing inmother's account will not fasten criminal liability as he owes nothing to your mother.

 

put it in your account and you have to come to India for evidence at admission stage itsefl if you have to file criminal case.

 
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SA

There is no records that I gave the money. Itz all empty documents. So I can fill my mother's name in the cheque and deposit in her account. Since I can't travel to india I'm planning to take this action. Is that ok?
 
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Advocate/Attorney

You can give GPA to somebody in india who can puruse your cases.  But you have to come to india at the time of giving evidnece. You can put it in your name only.  If you put your mother's name on the documents, you have to prove in the court that she has sufficient means of money to lend.  This is the main difficult. 

 
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Dy Director

Originally posted by : Mani
There is no records that I gave the money. Itz all empty documents. So I can fill my mother's name in the cheque and deposit in her account. Since I can't travel to india I'm planning to take this action. Is that ok?

if you cannot prove that he owed you  money (or to your mother whose name you are going to fill on the cheque) you cannot succeed to recove form him either by civil suit or criminal case.

On the contrary if he denies his signature and alleges forgary (which many perosns do) you will have to apply for bail for you or to your mother whose name you are going to fill on the cheque).


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Advocate Solicitor & Consultant

Liability against which the cheque was issued has to be established in the court along with the position that the cheque was issued against that liability in full or in part and the very important thing is that the given cheque was not a secutity cheque. In that case if it is established that the cheque was given as security the case will not carry on as a criminal case under Sec 138 NIA with the criminal proceedings and will be dismissed. Please note.

The establish that who's signatures are on the cheque and whether these are true signatures or a forged one is a matter of trial and no arrest on the simple FIR for forgery will be done in case where already a case under Sec 138 is going on in the Magistrate court the complaint will be clubbed with the main case of 138 and proceedings will carryon side by side to establish the forgery and if it is proved that the signatures are true court in that case can take sue moto action aganst the complainant of the forgery  for submitting false Affidavit in the court under IPC.

In this way it is better to file a case of bounce cheque after getting it bounced by the Bank and take a service of a good Advocate of this field.


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SA

Dear Sudhir Sir...

Thank You for your valuable inputs: How can I prove that she owe money to my mother? I have two pro notes and a 50 Rs stamp paper and two green sheets singed by her (all blank), I can fill it according to my convinience. Is that suffice?

Dear Anand Sir...

 Thank You for your valuable inputs, Im planning to suit a case againt her stating that. She borrowed money(Nov 2014)  and promised to pay back along with interst via the cheque. She issued me a post dated cheque for 01/06/2015 for the payment on nov 2014 ie while borrowing.  is that ok? does it mean the cheque is given as security? If so please help me how to write in the suit when I appeal in the court?

Also please let me know what can I do when I cant track them where they live. I have the address proof (rental agreement) of the old address. (they were living there when I borrowed the money). Now they shifted to new place where no one knows.

if I send the lawyer notice it will return as addressee not present in that address. can I still file a 138 case against her? 

 

Thank You

 

 
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