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Mohan Sharma   19 September 2015

Bail for po & jail in cheque bounce case

Dear Sir/Madam

Please help me to resolve my query. My father has taken 60 thousand rupees from a local financer. For few years my father paid him regular interest but due to some financial downfall situation changed and he could not pay the interest any more.  

Against 60 k that local finance takes 2 blank cheque from my father and regular give some bluster..

Now my father takes an action against local finance and files a case in 2006 with the help of an advocate.  Now the finance makes a step and fill the cheque with the amount of 95000 and 76000. These cheques bounced and complainant filed a case

 Due to some evidence, case move in favor for financer and court give a judgment (2012) that my father paid total 175000 in one month. My father file an appeal in High Court, but High court rejects the appeal in 2012.

After that my father can’t take any step due to illness and physical fitness and in the meantime no one court order come at home. 2012 is completely gone as well as 2013, 2014 and august 2015. Now A day police come at my home and said that he is PO Staff and caught my father and submit file in front of Judge. Now Judge declare and send him to jail for 6,6 month . Please guide me about the this case and procedure for a bail ASAP.



Learning

 4 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     20 September 2015

"Court gave a judgement that my father paid a total of 175000 in one month" can U clarify?

Provide details of the judgement and the reasons for HC  rejecting the appeal. 

 

Mohan Sharma   20 September 2015

Dear SAINATH DEVALLA,

                                           कोर्ट ने 2012 में फैसला सुनाया था।  और जुगमेंट दिया की मेरे फादर को 17500 pay करने ह।  और उस मे एक month का टाइम मिला था।  

Sir if possible, could you provide me your contact no so that i can contact you..

 

Regards

Mohan Sharma

Aashish George (lawyer)     20 September 2015

you have to post the judgement in order for us to guide you properly. on the face of it, your father has no other choice but to approach the supreme court of india in a special leave petition. their is also another method, you can pay the entire amount to the financier and move to high court in order to set aside the sentence. but you will have to pay 15 per cent to high court judicial service or something like that, i forget. but dont worry, all is not lost. please dont be a retard and go ahead without an experienced professional, i have seen this alot of times, people in order to save money hire a quack and get screwed heavily. criminal cases are no place to check your budget. rest is upto you.

best of luck.

Mohan Sharma   26 September 2015

Thanks Mr. Aashish George. Sir Could You provide me your E-mail id so that i can send you the jugment of Lower court + Session Court as well as hight court. 


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