Section 138 and 420

Querist : Anonymous (Querist) 11 January 2011 This query is : Resolved
Hi

I want to know what is the maximum punishment under section 138 and section 420.

My father had dealings with few people which can not called as registered business as he was working as free lancer. Now he had huge business losses and he is not in a position to pay his debts.

He has issued few cheques from his pention account ( he is retired from Defence (vrs) )

Further there was one property in his name which was transfered to him thru gift deed from my Grand father. But in March 5th 2010 the same has been transfred to me through gift deed from my father.

Later he gave the chain paper ( Deed between my father and grand father ) to a moneylender on 23rd apr 2010 for some loan.. and he has signed a agreement and gave 4 blank cheques to that money lender as well.

Now i want to know what can be done in this case as financially we cant support him and the debt is abt 35-36 lac.

What is the maximum punishment which he has to face under civil or criminal law?

Follow Query

Report Abuse

Amit Minocha (Expert) 11 January 2011
u/s 138 impro or fine or both

max 2 ys imprisonment + max fine twice amt of cheque it can be any or both together

for 420 IPC its max 7 yrs + fine

Querist : Anonymous (Querist) 11 January 2011
is there any way to minimize the punishment. Or any plea we can take as my father is undergoing depression treatment from RML and i have supporting document dt. 24 aug 2010.

also he is 58 Years old.

Sunlawseeker (Expert) 11 January 2011
your father had to consulted with an advocate before enter into a business. He has given blank cheque which was not a savvy activity.

But, as far as law concerned i agree with Mr.AMIT.

Amit Minocha (Expert) 11 January 2011
medical plea will come into picture only when your father held guilty and you pray minimum punishment

Advocate. Arunagiri (Expert) 11 January 2011
What is the status of the case now? Whether your father was convicted?

Ajay Bansal (Expert) 12 January 2011
Please tell the status of proceedings as asked by Arunagiri.

Querist : Anonymous (Querist) 12 January 2011
My Father is mentally disturbed and has left the home 3 months back. and i am not aware where is he right now.

He once a while infrom my mon that he is fine.

Furhter he is not in a state of mind to face people as he cant pay the debts.

Advocate. Arunagiri (Expert) 12 January 2011
You have not answered me.

Querist : Anonymous (Querist) 13 January 2011
What is the status of the case now?
There is not case file against him so far.

Whether your father was convicted?
Not Yet

Gagan Gupta (Expert) 14 January 2011
the person from whom ur father took loan can file case U/s 138 on the basis of cheques and can file suit for foreclouser on the basis of Mortgage by deposit of Title deeds.
In the suit you will disclose that property belong to you and than it will be proved that he commited the fraud. and than a case u/s 420 IPC can be made against him, Than 138 case may also be in addition to 420 IPC.
You can delay it only.

Advocate. Arunagiri (Expert) 14 January 2011
If your father had issued cheques for a debt, he has to face the cheque bounce case.

You father had not stated that the property is in his name. He had handed over a document. It is upto the money lender to ask the relevant questions at the time of lending.

No cheating is involved in your case.

Querist : Anonymous (Querist) 08 May 2011
There is one case filed against my father now. this is under section 138 and hearing is on 6 jun.
Now how to proceed in this situation.

if in case he is convicted is there any provision for bail?

Advocate. Arunagiri (Expert) 11 May 2011
At the of final judgment, you can get suspension of the sentence from the same court which passed the conviction order.

This suspension will be there till you file the appeal. Once you file the appeal the appellate court is having the power to suspense the sentence.

Section 138 and 420

Similar Resolved Queries :

Download LCI APP

Our Network Sites