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shariqyusufzai   14 April 2015

Cheque bounce due to stop payment by us

It is in regards to a cheque bounce case "stop payment" by us already running in Meerut court from the past 5 years  in CJM court. in this case my father has issued the cheque to party X which was stopped by him in 2007 we do have sufficient funds in our account . There is no exchange of good has taken place nor any business transaction , the cheque to whom we had issued has also expired her wife is continuing this case. There was no legal obligation to give the payment ..it was taken zabardasti from us .my father is senior citizen we are suppose to come to meerut regularly ..in this case i son my mother are also party to this case . unable to understand why we are harrased as the current advocates who is dealing in this case is a property expert ..wanted your expert advice for speedy completion , or can this case be transfererd to Delhi as we are permanenet  resident of delhi his bank account is in New delhi. but they the party belongs to Meerut. any help and assitance in this case , kindly advice accordingly 



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 8 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     14 April 2015

Sir, After the lanark judgement of supreme court the case should automatically be returned and to be filed into Delhi..... In a cheque bounce case you and your mother being made a party is a seriously not required ..... Warm Regards Kapil Chandna Adv 9899011450

(Guest)
Yes i also agree. This case has now jurisdiction of delhi. N yu dont need to go court regularly. Ask yr lawyers. hasan /delhi

(Guest)
Yes i also agree. This case has now jurisdiction of delhi. N yu dont need to go court regularly. Ask yr lawyers. hasan /delhi

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     14 April 2015

Yes you apply for transfer. If in Delhi please show all documents of the case where we will be there for a cheque case at Noida on 28th April.

SUNIL JAIN (Asstt. Manager Commercial)     14 April 2015

Since the supreme court decision is their, but in the circumstances where hearing already going on at any CJM Court i.e. Meerut, the case will be heared at Meerut itself, in case their is no appearance for the present case from either side at meerut, case can be transferred to delhi, 

AdvocateRP (Lawyer)     14 April 2015

Dear

As per SC Judgement you can't prayer for transfer this case because you had appeared & take bail.

Disclose details in which grounds mother & father jointly accused in this case. It seems something is wrong in court decision.

This case may be in your favour it seems but take a perfect lawyer advice.

Biswanath Roy (Advocate)     20 April 2015

Given facts are confusing for two reasons.  Firstly because Meerut cannot be the jurisdiction.  Secondly,how your and your mother's name was substituted in place and stead of your deceased father.  Because criminal liability is an individual liability. Thirdly, CJM Meerut has no legal competence to try , hear and determine the case. Therefore unless case papers can be seen perfect and conclusive opinion is not possible.

T. Kalaiselvan, Advocate (Advocate)     22 April 2015

As observed by our respected senior learned advocate Mr. Roy dadaji, your query lacks details, hence it will be difficult to render proper opinion to this. Either you come back with proper details or take a second opinion from a local lawyer showing the papers to him.


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