Upgrad LLM

court summon for my father...please help


Hi,

My name is Prashant and i am living in Agra. Yesterday i recieved a summon from KOTA DISTRICT COURT regarding some 138 N.I.Act.

I don't have any knowledge in this regard. By searching on internet, i got to know that this summon is issued in case of dishonor of cheque.

I just want help from an expert regarding this because this summon is looking dubious to me. I am writing some points to clear this further :

(1) I recieved this summon by a person who is claiming to be a police person. why i am having doubt in this because he suggested me to go to kota, meet the person who filed this case and settle this personally.

(2) My father got retired from his central government service from kota back in 2014. I ask him is he borrow money from someone which he replied in 'NO' but he confirmed that he gave guarantee of his friend when was lending it from a Money Lender.

(3) He also presented me some reciept which he says that these are the slips which that money lender take when he lend money to someone. Language on that Reciept is very hard to understand for a common north indian person (excluding legal personals).

I am attaching both the documents via google drive links i.e. the court summon and the said reciept. I want someone to seriously help me on this as this is very urgent.

Please guide me further what actually i have to do. Atleast help me to find out that this summon was real or not as i didn't find case on online website of kota district court in respect to this case number.

https://drive.google.com/file/d/0B7_zvqqSg126a2xNR0thUTEtNEE/view?usp=sharing

https://drive.google.com/file/d/0B7_zvqqSg126bl9DWVZJUWRDOFk/view?usp=sharing

Awaiting your valuable responses,

Prashant Agnihotri

 
Reply   
 
Lawyer

First of all , please understand that a complaint has been filed against your father under provision of Negotaible Instruments Act on cheque dishonour. It is imperative to appear before the court in compliance of summons otherwise court would use coercive measure to seek presence by way of BW/ NBW. Prima facie there are good defences to advance in the complaint. Money lending business is by a license only and further the cheque was issued as a security and whether the liability against such security has crystalised or not, are issues to be looked into. You have to take help of the local lawyer to fight your case. 


Total likes : 1 times

 
Reply   
 


FIN

The borrower has signed on reveue stamp and it includes clause on interest.

The summon bears stamp of court.

Engage a very able counsel to defend the interest of your father.

 
Reply   
 

Thanks both of you for sharing your valuable advise on this issue. I will definitely counsel a local lawyer regarding this if needed but before that, i want your advise further on this :

(1) As per the negotiable instrument act, before filing a case, one should have drafted a statuary demand notice asking to pay his money within one month after recieving the returned memo from bank which we didn't recieve at all ?

(2) How Could i check that this case has filed for dishonor of payment of cheque or the said reciept which i've attached in my post ?

(3) How to check that this case is genuine of not because summons are also recieved in xerox copy to us (Summon does have case number but i am not able to understand how to find it) ?

(4) If everything is right on it's place, i don't want my father to go to kota court regarding this. Can we defend this case here at our local court at Agra ?

Awaiting your valuable response !

 
Reply   
 
Advocate

First of all, facts stated appears to be mistaken. The summons has been issued not by the District Court, but the Special Judicial Magistrate. The notice under Section 138 NI  Act. If so certainly the case filed should be against a bounced caheque.

T whom the summons has been issued - you or your father? Who had issued the cheque?

In a Cheque case, the cognisance is to be taken by the First Class Judicial Magistrate. Is the Special Magistrate having jurisdiction over NI 138 cases.

The slip attached does not provide any information at all.

 

 

 
Reply   
 
FIN

The borrower has signed on reveue stamp and it includes clause on interest.

Of course the the entries/coloumns in imgae attached are blank.

You have option of fianlly consulting a very able counsel at your own location and then make arrangments to appear.

 
Reply   
 
legal assistance for victims of system. findjobs02@gmail.com

The summons is clearly from a special court dealing in  NI 138 cases at Kota and served with regular police channel.

 

Some cheque must have been given  and  may be undated which is filled up later and case filed. Notice may have been issued and returned unserved hence the court has taken cognisanse.

 

You have to face trial and to win the case and expert advocate is needed since now the cheque law is  made clear and specific that the once cheque is proved the complainant job becomes simple unless the accused can prove that there was no legal liability..

 
Reply   
 
Dy Director

How your father is connected with the pronote
 
Reply   
 
Dy Director

How your father is connected with the pronote
 
Reply   
 
Dy Director

How your father is connected with the pronote
 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x