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Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     15 August 2013

Claim of relatives debt by complainant

Hi Experts,

A & B are sons of C. Both brothers advanced a loan by account payee cheques to D for Rs. one lac each. Now D issued a cheque for Rs. two lac to repay his debt in favour of C ( in the name of father ). Cheque bounced. 

C filed a cheque bounce case on D by claiming debt of his sons. Will C success ?

Pl give some Apex Court decision with your answer.



 8 Replies

Sudhir Kumar, Advocate (Advocate)     16 August 2013

"Pl give some Apex Court decision with your answer."


is it examination Hall for the experts.


Meet nearest lawyer, pay his fee and get advise whether S/138 applies to third party cheque. He will fight your case but may not elighten you with Apex court decisions even after chaiging fee from you.

Kumar.............. (Engineer)     16 August 2013

Dear lawyer sudhir kumar, You people only ask public to post their queries.if they can afford to pay the lawyer fee then we will not ask any queries to you.please make this website as a paid one then no public will post their, money, money anywhere and everywhere.pls do some free service also to public.this is my request.thanks.

R Trivedi (     16 August 2013

It is a question from one lawyer to other lawyers, who would have possibly encountered such issue.


The point is " How the Father can discharge D on behalf of his sons" ?? The counter question is 'How the father received the cheque of D ??  So accused has to seriously answer the second question. The presumption is available to Holder and Holder is defined in S.8, now please see if this father fits the bill or not ?? In the contract act, one more aspect comes, if accused can take a stand that he issued the cheque to father as advance for some property dealing and it failed on dishonor of this cheque..  The best argument is if accused could issue the cheque to father, then he could have issued to his sons also.

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     17 August 2013

Sudhir Kumar ji,

I do't think you are not a lawyer, if you are so than practice for just fee and dates, not aware of law exactly. For your kind information there can be situation where even third party can be claimant in cheque bounce case. Better you update yourself or consult some good lawyer.

There are members in lacs of this site who gain definitely something with the shared views of each other. In fact this website is to share views and sort out confusions for the people who has any interest in law matters, again for your knowledge  this is not examination hall.  

I tell you one thing pl note, " Any professional or human being becomes senior with knowledge, behavior, soft spoken, kindness, never with age or grey hairs."

ADVOCATE TRILOK (CRIMINAL family PROPERTY )     17 August 2013

Sudhir kumar has stated real position,nothing wrong in it.


More ever people who do not practice or not handled any case in the court give opinions or give citations which normally do not have any relevance to real issues before the court.

R Trivedi (     17 August 2013

Mr Sudhir Kumar is a veteran on this site looking at his score card, he probably skipped that querist is also a lawyer. Other person who has commented is too raw and inexperienced to be worthy of response.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases.     18 August 2013

People who never coducted any case in any court and wants to advice on every thing under the earth.


And in deep frustration and inferiority complex make BITCHY comments on others.


It is just because of such adventures that such querries have few inputs.



R Trivedi (     18 August 2013


Mr Kumar, although you are quite old and senior to this site, but it seems your response is bit too harsh. Except few funny faces most of the counsels on this site, give advise / suggestions / inputs without seeking any fee or without promoting themselves, and most of the querist have their counsel also for the case. But you must be aware that in general a patient or an accused has the tendency to get maximum assurance, even counsels also seek to reassure strengthening of their argument, and hence such questions do come once in a while.


Please do not get carried away by support of couple of funny faces for your this post, you may get support of 3-4 more such faces. Pl Search the posts of these funny faces, you will not get a single post, where some worthwhile input is given by these faces. Except some advertising for themselves or  misleading statements, nothing more.

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