Cheque case
kunhi marakkar
(Querist) 08 February 2023
This query is : Resolved
In 2002,i gave a blank cheque and blank stamp paper to my friend to solve his financial problem.he acknowledged this by a small paper which listed number of blank document .he gave this blank papers to a lender as security.but he can't give back his loan amount.so lender filed cheque bounce case upon me on my sister's address which is not my original address on that time.i didn't appear for this case because I was in abroad.so case prolonged and court
Issued non bailable varrant against me. Mean time my friend died in 2013. Now I want quash this case because I Was not real borrower.other wise i want suspend said case for some months.because if defend this case,it will take time which will affect my job.can i get remedy from higher court?
Sudhir Kumar, Advocate
(Expert) 09 February 2023
You have woven the web aroud you very nice and tight.
You have to pay the money and beg for mercy.
If you pay the money the court may take mercy (for which you are affectively closing doors) and not send you to Jail, or else you are likely to bear refund of money as well as Jail.
You may or may believe that not be the real borrower you are (as facts indicate) atleast guarantor. Gaurantor is as much liable to pay as the boorower.
It appears you he more facts to stated.
Give facts in no way indicate that (i) you were not the borrower) (ii) money was not raised in your name;.
In case you so called friend professionally cheated you then the loan may have been raised in your name. In such case his family is now safe out of your reach.
In case you were guarantor and loan was raised in the name of your so called friend, then you can sue his successors for the loss you sustained.
You have indicated that the notice was issued on you r sister's address. Given facts indicate that you never contested the matter. It is apparent (though not stated by you) you never came to Court nor your lawyer and court was compelled to issue NBW on you. Still if you are untraceable in India then the Court will have no option but to delacre you absoconder and attach property as per section 82 & 83 of Cr PC :-
82. Proclamation for person absconding.
(1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.
(2) The proclamation shall be published as follows:-
(i) (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;
(b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village;
(c) a copy thereof shall be affixed to some conspicuous part of the Court- house;
(ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.
(3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in clause (i) of sub- section (2), shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day.
83. Attachment of Property of person absconding.
(1) The Court issuing a proclamation under section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person: Provided that where at the time of the issue of the proclamation the Court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to, be issued,-
(a) is about to dispose of the whole or any part of his property, or
(b) is about to remove, the whole or any part of his property from the local jurisdiction of the Court, it may order the attachment simultaneously with the issue of the proclamation.
(2) Such order shall authorise the attachment of any property belonging to such person within the district in which it is made; and it shall
authorise the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situate.
(3) If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made-
(a) by seizure; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or
(d) by all or any two of such methods, as the Court thinks fit.
(4) If the property ordered to be attached is immovable, the attachment under this section shall, in the case of land paying revenue to the State Government, be made through the Collector of the district which the land is situate, and in all other cases-
(a) by taking possession; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the payment of rent on delivery of property to the proclaimed person or to any one on his behalf; or
(d) by all or any two of such methods, as the Court thinks fit.
(5) If the property ordered to be attached consists of live- stock or is of a perishable nature, the Court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the Court.
(6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908 ).
You have not stated at which address the NBW is issued. Unless you have more facts to share, it is all likely that the NBW is issued as sister's address. If that is the case then Police has all the rights to question her and her family regarding you whereabouts. She has to prove that you are out of her reach and contact.
Advocate Bhartesh goyal
(Expert) 09 February 2023
You have issued blank signed cheque means authorized to holder of cheque to fill and use it. Better settle the issue amicably else you will be in trouble and court may punish you for the fine of double amount of cheque or sentece upto two years imprisonment or both.
Sudhir Kumar, Advocate
(Expert) 10 February 2023
Agreeing with Mr Goyal I will add that the working of the post made by you indicates that you are yet to realise what trouble you have reaped for yourself.
Dr J C Vashista
(Expert) 10 February 2023
You have issued blank signed cheque, even for security purposes, it attracts provisions of Section 138 of the Negotiable Instruments Act, 1881. It is presumed to be issued against a legally enforceable debt.
Well analysed, opined and advised by expert Mr. Bhartesh Goyal, I agree.
