Prodduturi Reddy (Self) 20 April 2012

Cheque bounce case

Hi my father gave blank cheques to the icici bank thru my cousin for loan purpose.

but my cousin did not submit all the cheques, he kept couple of cheques with him and he intenionally bounced after 6 years.

after following up with ICICI bank for almost 6 months,is saying they got only 4 cheques and those 4 cheques were shredded.

My cousin filed case and my father is attending the court for last 6 months.

My cousin prepared the case like he gave handloan of 4 lacs in front of some witness of his friends. He is having blank cheque and 4 of his friends as witness nothing else.

My advocate is saying that its been forged and send it forensic lab but i am not comfortable with idea because my father signed on the blank cheque for ICICI bank tractor loan.

how do we need to approach ? case in trail sessions.

Thank you for your help

Laxmi Raj

Reply Follow

7 Replies

Prodduturi Reddy (Self) 20 April 2012

can some one help ?

Advocate Bhartesh goyal (advocate) 20 April 2012

Don't request court to send the cheque for expert opinion as the cheque has been signed by you and it will go against you.contest the case on merit.Rebut the presumption by cogent evidence that you had taken handloan.Also establish the fact that your cousin had no financial capacity to grant loan.

Prodduturi Reddy (Self) 20 April 2012

thanks for the reply

I had given the money to my cousin and he was not returning me and we had an agreement, In that my father name is not there, this agreement will help to protect my father ? since i am forcing him to return my money back, he filed case against my father using old cheques. I have clear proof that i gave the money thru bank transfer and I had written agreement saying he will return in the money in time on 100 rs bond paper but he is not returning to me instead he filed case on my father.

Can i include in anyway to show these documents to the court ?

Thank you

cdhamodaraiah (advocate) 20 April 2012

an unregistered agreement of sale executed and advanced amount and also cheque for balance sale consideration. sale deed not executed. presented cheques for collection and the same were bounced. is it legally enforceable debt or legally enforceable liability. please give suitable supreme court decision or similar case law of supreme court passed recently

bhavin (student) 21 April 2012

Your advocate's advice is correct due to the above case descripttion is mentioned by you. Your Advocate has suggested this forensic advice for comparing the writting ( the signature and of the cheques writting form handwritting expert and so). Moreover it is also adviceable according to the law point that not only the cheque proves the crime but also the transaction is duely important in same point. in other words it is also important to prove the complainant about the purpose of cheque issued were the transaction is actual made or not.

Prodduturi Reddy (Self) 23 April 2012

Hi Bhavin,

In forensic advice, what are all details will be examined ?

Signature- my father signed on a blank cheque 6 years back for the purpose of tractor loan.

My cousin wrote rest of the details like amount and date just before one month of case filing. So here the forensic experts will check the age of writing and signature ?

Thank you so much for your help...

Prodduturi