Ni act 138 cheque boundse case

Querist : Anonymous (Querist) 12 November 2011 This query is : Resolved
hi

i gave my cheque book to my father-in-law with all signatures.and he is miss using my cheques.i dint gave any complaint or didnt take any action.now i have two cheque bounds cases in district court.i live in london i came for holidays than i came to know that they filed two cases on me.and the judge has taken my passport as a proof for the bail.i want my passport back and i wanna go back to london could you please tell me how to get my passport from the judge.and how to come out from the cases.

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ajay sethi (Expert) 13 November 2011
you have been grossly negligent . why did you give duly signed blank cheques to your father in law .

as far as those cases are concerned you have to take the plea that date , amounts have been filled in by the complainant . the cheques were not issued in discharge of debt due and payable .

have you filed police complaint against your father in law . it appears you are surpressing material facts of the case . why would ftaher in law issue cheques without approval of his son in law .

he will not wan to ruin the family life of his daughter by doing so . consult a local lawyer

Devajyoti Barman (Expert) 13 November 2011
Though you seem to be innocent seeing the cases filed by you I do not think it would be so easy to come out soon.

One easier option may be to submit your readiness to pay the money the complainant alleges against your through those cases.
If not then you hjave to defend the cases as well lodge complaint and if necessary to lodge complaint and intitiate cases against your father.

During this time you should get ypur passport back fro which you need to file appropriate petition in the conerned court.

prabhakar singh (Expert) 13 November 2011
In the plain English what ever good or bad you have committed you have committed,be it wrong or right none of us can restore the past.

In present if you want to go out the best course is to get compounded all cases.

Shonee Kapoor (Expert) 13 November 2011
If there was no debt or liability, no 138 is made out.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Arun Kumar Bhagat (Expert) 17 November 2011
Mr.Sonee, see the presumption of debt u/s 139 N.I.Act.

Advocate. Arunagiri (Expert) 17 November 2011
You have to face the trial. IF you have strong defense you can go for quashing the same in the High Court.

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