LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

saniya_singh (CA final student)     26 April 2012

Case under 138- urgent

hi., i need help from law experts. 4-5 months back my mom lost her purse in which she had her cheque books of 3 different banks, and credit cards. few of her cheques were kept signed, though the signature did not matcthed what she signs actually in banks. after this incident she reported in all the banks and closed her accounts and crashed the cheque books, so that no one can misuse the cheques. the only mistake she did was she did not reported FIR.
and also she had taken some personal loan from a friend few years back and given her blank cheques(with fake signatures). however recently the loan was paid back and cheques were taken back from that person but only 2 cheques were missing from that friend. but now someone did a case 138 on my mother. an application from court came which wasn't recieved as no one was at home. and summon letter came second time.

now some conflict is going on with that friend to whom loan was paid back as she was befooling my mother and used to take interest @40% per month( my mother is not a much educated lady) so we deducted some unreasonable amount of interest and returned back her money but still she demands more money. we dont know who put that case. but more chances are from that lady only. please help what can be done in such a case. how to deal with it.

court has called my mother day after tommorow. so please sugest something.


 9 Replies

Anjuru Chandra Sekhar (Advocate )     26 April 2012

How come you don't even know the name of the person who made a case under Section 138?  You "must" get a legal notice to repay the entire dues from the payee of the cheque.  Without receiving legal notice if you had directly received summons from court then you have a strong case against her. Verify whether any legal notice sent by registered post has been returned by anyone in your family in the recent past.

1 Like

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     26 April 2012

Dear Querist,


In addition to advice by Ld. Sh. Chandrasekhar, please note that you will need to ascertain the status of pending case i.e. cause title, nature of case such as criminal u/s 138 NI Act or from a Civil COurt being recovery suit, party name etc.


However, facts given by you in the query are something confusing and not ordinarily understanable.


However, you may also note that if the case pertains to cheque bouncing case, you will need to seek and obtain bail upon furnishing personal bond / providing surety. This depends on your case whether or not same is maintainable.


Trust this would be fine.

1 Like

N.K.Assumi (Advocate)     27 April 2012

Well advised by Ashish.

Anish Thakur 7018812737 (advocate)     27 April 2012

i agreed to chandershekhar sir.

saniya_singh (CA final student)     27 April 2012

sir one thing more, second time a person came who said he is from summon office and tells that my mom have to appear in front of court on 28th. but there was no summon letter. is this a valid summon? As there is no written proof that court has called, and that person told name of the complainant which we had never heard before.
and first time which letter came was not able to be recieved but it had a stamp of court at back., as my mother was not at home.

sir is this possible that somone is just trying to scare by doing all this or the process is all legal and valid?

saniya_singh (CA final student)     27 April 2012

and sir the person who came from summon office told that the proceedings are under 138

sk mohataji (proprietor)     27 April 2012

in addition to above, there is no need to panic. It is suggested to go to the court, you may also go in place of your mother, as complete details are not available. You may request the hon'ble Judge to be informed of full details and grant a short date to engage an advocate for cooperating with the court. After that you may decide the next course of action thru your adevocate. Do attend the court.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register