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Cheque bounce & harassments

(Querist) 02 November 2012 This query is : Resolved 

Dear Sir,
One of my relatives facing a very big arransement relating to cheque bounce & 420 case
Small Introduction about matter:
In the year 2002-2003 Mr.A & Mrs.A (Husband & Wife) (Joint Bank Account Holders)
Wife is uneducated
took handloan of Rs.1,00,000/- from X party by giving these documents:
1) promisory Note
2)Demand Note
3)Signatures on Blank White Paper & Rs.100/- Stamp Paper
4)Original Site Paper
5)Blank Cheuqe Leaf with signature.
later few years these couple retuned the amount by cash in installments to that X party with interest & failed to take above mentioned documents from him.
In between X party has a very well known person to bank staff & took 100 Cheques leaves book on behalf of this couple (its taken with out cheque request as well with out receiver signature cheque book is handedover, we took copy of that register its blank) & forged cheues worth Rs.2 lac & bounced it later fit them into cheque bounce case.

in between Mr.A (Husband) Died in 2012 due to heart attack.
the case ran in civil as well high court till 2012 but not settled.
Even though the childrens paid nearly 2 lacs extra to that Mr.X to get back the above documents but he refused & taking advantage of those things.
Now Mrs.A is Widow uneducated housewife getting harrassments from that Mr.X person & other blood sucker people for money.
by using those 100 cheques Mr.X is forged another cheque & issued one more chque bounce case of worth Rs.4.5 lacs in Mr.Y Name now.
I think its never ending story coz it cant be settled by payment of money to these kind of people till they took back those documents.
Whats the next legal step to be taken by that poor widow now
pls help at the earliest.
if it continues what the maximum extent of punihsment that she can get.
What about those Documents
The Site & House is in husband & Wife name, how can they Sell or transfer the same to the others/Children
whether the Mr.X & Mr.Y have right to sell the site & house to take back money
that is the only one asset that poor widow having now.
if court orders impressionment then Mrs.A need not to pay the outstanding or what.
Pls Pls Pls Help & suggest how to comeout fromt his Danger Circle.
yours

Nag
on behalf of poor uneducated Widow, cheated by Bloody money suckers
V R SHROFF (Expert) 02 November 2012
CLOSE BANK ACCOUNT IMMEDIATELY.

Issue notice to bank for issuing Cheque Book without your consent or knowledge.
Issue notice to Money Lender, all dues were paid up before 4 years, and return balance cheque and all Original Documents.
File Civil suit for injunction not to create third party right, title or interest in the property, and no transfer.
Asa no registered mortgage, your property is safe.
As Loan is Time barred, cannot collect anything, nor can jail you.

DO NOT WORRY. DO NOT PAY ANY FURTHER.
Ms.Nirmala P.Rao (Expert) 02 November 2012
Dear Client,

If you can prove in court that though the loan is cleared long time back, Mr.X has refused to return those documents etc, court would make Mr.X return those documents to you by its order of injunction and ensure that it enters a decree of satisfaction and settlements in that widow;'s favour of clearing the entire loan. You can file cheating case against MrX in a District Court of Criminal Jurisdiction under Section 420 IPC along with payment of compensation for the mental harassment caused to that widow and her family on account of the cheating practiced by Mr.X.

Ms.Nirmala P.Rao
Legal Expert
Raj Kumar Makkad (Expert) 02 November 2012
It shall be better for widow to initiate action against the banker an also against the lender under section 420 IPC who has misepresentd and has got cheques from the banker and later on has misused them. FIR should be got lodged against such person.
prabhakar singh (Expert) 02 November 2012
AGREE WITH MR.MAKKAD. FIR IS THE RIGHT SOLUTION.
Advocate Bhartesh goyal (Expert) 03 November 2012
I also agree with Mr makkad.
nagpapu (Querist) 03 November 2012
Thank you all


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