(Querist) 15 April 2008
This query is : Resolved
Respected sir, I want to know the cheque dishonour law about some clarificiations. My brother gave 5 cheques to a financier for my family debt. all are registered debt for 5 times total amount of 4 lacks. My brother gave him 5 cheques for only security. Financier registered a sale deed for his wife name our 15 lacks property and the same date he registered a power of attorney in his name. All our family members signed both documents.After 1 year he misuse the power of attorney and transfer our property to his wife name. When we try to settle his debt he announced that everything was over. and threatened to send my brother to jail for 2 years. We cancelled our power of attorney and suit a civil file against him. So he got angry and filed a criminal case against my brother. For the past 4 years we are struggling in the court. The judgement date is coming very near. We are afraid that our case will get failure? Our 5 cheques are date barred cheques. 3cheques we gave him without mention the date. So he filled up 3 cheque with the same date.and another 2 cheques he stricked out and forgery sign like my brother.5 cheques are the same date and he make it bounced and suit a file. please suggest me what will I do?
I want to say some details about this case. Our lawyers send the forgery signed cheques to experts opinion to Chennai. But within a month result came. Everyone wonders that the result is against us. Even a small child can easily say that there is a difference in the signature. But How the experts in Chennai gave such a result support to the financier? point 1 ---The financier registered the same date power of attorney and the sales deed of my mother property to his wife name.
point 2--- He didnot give the accounts to us (property sale regarding)still now.according to the rules of power of attorney.
point 3---He sold our property to his wife just 4 lacks(Real market value 15 lacks) he reduce the amount of register expenses also giving money to register officers.
We got sucess in getting postion of the property.Tempory injection in favour of us.
But 4 years my brother attending the court as a criminal. we can't tolerate this. Please suggest me what will I do? How can I prove the judge my civil suit and financier criminal suit are same. To wait until civil suit verdict and stop the proceeding of cheque case.
H. S. Thukral
(Expert) 16 April 2008
Dear Mr. Sitaraman Cheques isued as a collateral security would be considered not in discharge of existing debt or liabilty. In this reference you/ your lawyer should see the citations: Shanku Concretes v State of Gujrat 200(3) Civil Court Cases 126 Kumar Rubber Industries v Sohan Lal 2002(2)Criminal Court Cases(P&H)83 Murugan finaciers v PV Perumal 2005(1) Criminal Court Cases 696 Madras Srinivasan v State of Kerala 2001(1)RCR (Crim.) 323 etc. There are other judgements in this regard. the onus of proving that there was no existing /subsisting liabilty is upon you and therefore pleadings and proving of facts are required.