LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ram (software engineer)     13 April 2009

Cheque bounce

Please some one help...Our is joint family for sometime till 2003. I have given black cheque (7 in row) all signed to allow my uncle (Father's brother) to withdraw money monthly basis. We are separated after 2003 and my father is taking care of my farm land. Now my uncle started demanding a huge sum and asking me to give him part of my farm land as I got good job in Chennai (no one like S/W engg :)). the reason he says is, I'm in no need of this land when I get salary in lacs (yearly), he also says he helped for studies. When I refused to fulfill all his requirements ( I did many), he presented the 2 cheques and gone to court. The reason give in that is, he borrowed money from many to help my studies, now I did not pay him back and the cheque i gave also bounced.

All this false, no one in my village will come to court in favor of him as witness, bez all know the truth. More over I was a merit studied and paid just 44k as fee for entire enggg course. He produced 2 cheques each for 50k. Now he is threatening that he will send me to jail land spoil career, shall go and proceed against him in the court else give away the land he was asking for and get a sign from him that nothing else is in between us (finance related) from now on .. Please advise



Learning

 4 Replies

JAGADEESH GOVIND (ADVOCATE)     13 April 2009

Dear Ram,

Be positive in first.

If your uncle had filed a case against you under section 138 of NI Act, you should defend it in the Court.

Kindly appoint a lawyer to defend your case.You can prove your innocence in the Court.

Regards,

JAGADEESH 


(Guest)

Dear Ram!!!!!

in ur scenario onus on ur uncle to proove legally enforceable debt to you. there is no docx hence this complaint will not stand. pls submit ur study expenses to the court

B.N.Rajamohamed (advocate / commissioner of oaths)     04 May 2009

AS your uncle has filed a case for cheque bouncing you have to prove that, you are neither indebted to him nor issued that cheque to him for the discharge of any liability as mentioned as the face value on the face of the instrument. Consult a good lawyer to defend you in the trial court.

Bhaskaran Advocate (Lawyer)     08 June 2009

It is a tricky case where the Magistrate may decide in any manner.    Firstly you have not borrowed any money from him as a loan which is a must in a cheque bounce case.  He says that he gave you money for studies in the complaint, in which case you are indebted to him.  A magistrate may according to circumstances put the color of indebtness on the money and may also convict you. 

Better compromise with your uncle if really he has helped you.  Relationship is important then money.

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query