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Iswariya (bo)     07 November 2012

Do any judge contact the party for mutual closing of case?

Dear Sir,

My uncle has borrowed an amt of rs. 2.5 lakh from a financer for int. While borrowing my cousin have made the witness sign & she gave her blank chq 5 nos to them. Paid int properly & gave them 1.5 lakhs in cash after a year. He got retired from his job and not able to pay the balance amount and hv requested the financer to provide some time. The financer has placed the chq in bank for two times for an amount of rs. 5lak each time & it got bounced. Now he is telling that have filed a case against her and sending some letter thru his advocate and even judge tried to contact her few time, to clear the case. My uncle has only one girl, she is married, and who belongs to a very poor family.

She is receiving letters for advocate that the hearing is on this day, if failed NBW will be issued. Meanwhile my uncle has given them 50,000 in cash. In the letter the opposite party name is different from the financer’s name.

Much confusion is there, pls guide how to proceed.


 6 Replies

Gopikrishna Kalyanam (Lawyer)     07 November 2012

Dear Iswariya,

Greetings. If your cousin has not yet engaged a lawyer, it is time she does. She has to appear in Cout on the date of the hearing.

No Judge of any Court will contact a party to a case for settling the case.

Does your uncle have receipts for payments made?. 

The change of person filing the case can be differenct from the financier. Either the Financier has "made over" the cheques to some one or he would have authorised someone to file the case. That will be clarified to your cousin when she appears for the case and a complaint copy is given to her.

Best Wishes

R Trivedi (     08 November 2012

1. The cheque signing person should have received the notice.


2. After notice only, on failure to make, complainant would have filed the case.


3. Once the case is registered you should have received the summon from the court  along with a copy of complaint.


4. Lawyer telephone is just non sense, you should ensure that you have not received the summon.


5. Judge just cannot call, if he does, he will be doomed sooner or later.

Iswariya (bo)     09 November 2012


Thanks for your reply. My uncle have not received any receipts for the payment made. My cousin got very scared to attend the court, as she is not having any money support to re-pay (Main her husband does not knew about this).

How the case will move and what would the judgment will she have? (Any idea) The financier is calling her reguarly and theartening her, to settle the make payment to stop the case & if she fails that she has to be jail - life time. 

How to confirm the case is real, the hearing date told by the finacer is one and different for the letter from finacier's laywer.

Waiting for your reply. - Iswariya



R Trivedi (     09 November 2012

1. Did she receive the notice ?

2. Did she get the court summon in her name along with the copy of complaint ?


Just do not imagine, what do you mean she is afraid of going to court, no one is required to go to court without court summon in this matter. Just check and answer above questions.

Iswariya (bo)     09 November 2012

Yes Sir, she has received a summons to an accused person (section:61) (CC - 242/12) it was informed to attend on 12th sep 2012. after receiving this financer have called an told if they give any amount, he can stop this case, so uncle family have given an amount of rs. 50000/-. then they have recd two letters from the financer's laywer to attend the court. 1st letter dated on 21.9.2012 to attend on 27th Sep 2012 & same letter only the dated have changed (whitener kept) dt: 12.10.12 to attend on 12.11.2012.


pls give ur advice.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     11 November 2012

Evidently the financier is playing fraud. The judge also may be hand in glove with him. How does the lawyer contact your cousin. If it is by telephone ask her to record it.

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