Sir, My son is facing cheque bounce case. He took loan from money lender, gave blank cheque at time of signing loan agreement on 22 nd December-2007, loan was given on 2nd Jan-2008, he was giving daily instalments in cash+ lumpsum cash, due to losses, he had to close his shop on 25/05/2008 and bank account ( 0n 29/04/2008). He received summons from court in august-2010, which were not received as he was not living in house. He received summons again in August-2012. There are many discrepancies in Complaint a) complainant on affidavit said " we served notice on 10/05/2010 and in reply to said notice accused came to our office, amount of Rs 77800/= was due and after negotiation he settled the dues for Rs 77800/= and gave cheque of Rs 77800 /=" theque was presented on June 28 and bounced with remarks of bank that no such a account exists. b) Loan of Rs 62000/= was given (whereas it was 50000/=) Our defense is that a) cheque was given as security , cheque issued after the cheque in question were cleared from account before the loan cheque was credited, subsequent cheques were cleared, account was closed on 29/04/2008, the new cheque book was issued in Feb-2008, the cheques were cleared from new cheque book also, so no sensible man will keep cheque for two years to give to money lender in discharge of loan. The representative used to collect daily instalment and knew that shop was closed in May-2008. the complainant has not attached copy of notice alleged to have been given prior to bounced cheque notice, nor he has given receipt of notice. Please guide how to proceed, boy is not in position to hire lawyer, so appearing in person . We have moral liability of Rs27000/= which we are ready to pay in instalments.
We have prepared reply and application u/s 145 to examine witnesses
Please guide us, on reply