Section 138

Querist : Anonymous (Querist) 30 July 2010 This query is : Resolved
My father got trapped in phishing mail and loss a huge sum of money of its own and even arrange a person who invest in that scheme and given the money on the condition that he will take return when money will be credited in my father account, but the money lender had taken some cheques from my father. there is no other document which shows that my father had taken the money except the cheques. Now money lender is asking for the money and threatning for cheque bounce case. My father doesnt have any money of its own except the monthly pension. My father is joint owner of a property with me and my mother. The said property is currently in loan which is taken by me . me and my mother only came to know about my father deeds only when money lender came to our house. Please suggest whether i am liable to pay the money that my father had taken, what are the cases will be charged against my father, whether my property can be attached. what remedies should i take before money lender sue my father.I have just started my career and don't want to loose my property at any cost

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Devajyoti Barman (Expert) 30 July 2010
Since the alleged loan was not a secured loan, there is chance for attachment of property unless he gets decree in suit for recovery of money. There is a possibility of a case under section 138 of NI Act where the liability would not fall upon you though the chances for the success of the instrument holder does not seem to be bright.

Kiran Kumar (Expert) 31 July 2010
I agree with Mr. Barman.

big onus will be upon the money lender to prove liability of your father.

Y V Vishweshwar Rao (Expert) 31 July 2010
I agree with lrd friends and add that ;-

The Cheques are in the name of Money lender , legal presumption is in his favour, your father has to rebut that presumption that the cheques are not liability cheques !

Raj Kumar Makkad (Expert) 31 July 2010
I also agree with Barman.

Querist : Anonymous (Querist) 31 July 2010
Thanks all for your reply. Please let me know what should i do now. My father had already made stop payment of the cheque and done a general diary in the Police station that he had lost the cheques in Money lender place. Now if I sell the property and purchase a new property then what is the chances of attachment of the new property.Should i do a crimnal case on them that they have forcefully taken the cheques.Another point is that they are given the money from last one and half yrs with out any document then why they don't ask for return of money and when they come to know that all the money had gone to fraud , now they are asking for money

s.subramanian (Expert) 01 August 2010
even the new proprty can be attached. you cannot lodge a criminal complaint now since your father has already complained that the cheques were lost. if you do so it will be mutually contradictory.

Querist : Anonymous (Querist) 01 August 2010
if the new property is in only in my name then also can it be attached. My father had done GD that he had lost the cheques in the money lender house

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