Cheque bounce cases- NI 138

Sir, Thanks again.

Can you think a person fight against corrupt officials and get justice in this country? If you feel yes, then please guide me shall I approach CVC / or bank vigilence dept along with evidences agianst the bank officials. Do you feel it will help in getting justice.

Best Regards

Partho Bhattacharya

Dear Sir,

My father borrowed money for his business from a private lender and as security gave a blank cheq to him. Now my father incured losses because of delayed payments and other factors. He charges 3% monthly interest and meanwhile he also took some other cheqs/papers from my father when his interest got delayed. Now my father is old and broke. And he has started pressurizing me and my brother to repay his money. Although i am not legally liable to pay off my father's debts (i am not inheriting any wealth from my father as he is broke), still as a moral obligation, i have all intentions to repay his money. But since the scale of his amount is too high, even monthly interest is too high, and currently i am paying my home loan emis and additionally my father's frequent and very high medical expenses, i have been requesting him to wait until i sell my home. I keep telling him that whatever i'll get from my house (after repaying mortgage), i'll give it to him and after that whatever will be his balance, i'll be pay him since i won't have to pay home loan emis after that. We've also been trying to arrange money from some other means and he knows about our situation but still he is harassing us continously since his interest has been delayed by around 5 months for now. Sometimes he threatens to file a court case and other times he threatens to use his power to acquire my house by force. He has cheqs of my father and my brother. My question is that if he tries to use his power to acquire my house by force or files a cheq bouncing case, what option will i have?

Thanks,
Mohit

Need not worry for muscle power. If court case fight you will certainly win.

My company (Pvt.Ltd) has taken Business Loan from a NBFC but after paying almost 90% of the loan the company has incurred loses & all business activity has closed down. The financer has presented one of the security cheques which was signed by the other director which was returned unpaid as account closed. The financer had filed a case U/S 138 NI Act against the company & my wife who was not even director at the time of presentation and was not also an authorized signatory to the cheque. We have taken bail on first hearing. Pls advise can I apply for permanent exemption for appearance of my wife who was made accused unnecessary with simple intention of harassment & pressure tactics by the financer. Pls provide format for seeking permanent exemption for appreance of wife (accused no:2) and also advise regarding further course of action in the above matter.

Pls note as the business has colapsed totaly we are surving on a meagre income of my wife who is school teacher and i am fighting all cases with advises from my freinds & wellwishers.

Pls help & give a solutions to he above problems beacuse of all this cases I unable revive my business of 18 years old.

Regards

Partho Bhattacharya

8802147294

Sir,

Thanks a lot for your advice. Another complication has developed in my case. In an effort to pay off my father's debts, i had been trying to get loans from banks. For the processing of these loans, i sent 3 blank signed cheqs to my father. At the same time, this private lender also came up with a proposal to process a loan of 6 lacs from another private lender for which i would need to sign an agreement and give a cheq. Initially i refused but later i agreed. When my father was filling up the cheq, he offered to fill it himself and my father gave it to him and in a clear cheating way, he kept the blank cheq in his pocket without filling it or without procssing the loan. Since my father owes him money, and as a common man can't go to the police against such a shark. Now he will use this cheq to pressurize me even more or to actually file a case against him. Going through the available information on this forum, i do get a feeling that my case is strong but my question is that

should i proactively file a police complaint against this person (could my father also be in trouble in that case?), or i can relax and need not worry even if he files a cheq bounce case? I am not in the same city as my father is.

Points in my favor:

Cheq has only my signatures - Dates and amounts won't be in my handwriting.

I never took any money from him. I never took any money from my father also (since i finished my studies).

I didn't give the cheq to him myself. Could it be difficult to prove? Can he claim that i gave it to him myself when i was in the city 4 months ago?

hi i m student  and i have a file a case against a travel agent  in 2007 mein mane use 7 lackh deya  england jane ka leya or usne mujhe england naho baja or paysey v nahi bapas ke or i cheque da deya jo bounce ho gaya  or meiny case kardey or ab case mari cross examination par ha

to dusara vakil mare se kay question kar sak ta ha plz tell me or mare pas itney payse nahi ki koi asha vakil nahi kar sak ta or mare gar wale v mara sath nahi da rahe plz kay me case har jau gay  plz tell me sir next date 22 11 2011 ko ha

sir, i am the accused in chq case, (home loan). amount is 30 lakhs. now the evidence is over, but the complainant's advocate wants to file one more document. fr which we objected, nd the court has posted the case as TO HEAR.

now what should i do.

--- the complainant has sent the notice to wrong adress, which i din't receive.

-- my cheque was  given as security, which the complainant has agreed in the evidence.

--- the amount entered is only principle and not the total outstanding.

pl guide me sir the nxt date is on 29/12/2012

Please send all the papers by email so proper advice can be given.