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Sri (NONE)     10 December 2013

False check bounces using my signed checks from my sister

Hi , 

 

I am Sri ,

 

Recently i face one issue , that is 

 

My sister put  IP in court , before that whatever the debts she have , she gave me and my wife's signed checks to them , with out telling us.

 

I and my wife we both stays in USA , so usually for my old checks i always sign them and keep them in my india home for my family use ( father , mother , sister and all)

 

when last time  i was in india ( Nov 2012 to Apr 2013) , i have heard about CTS 2010 policy towards check books.

 

So i have applied all new check books for my all indian accounts. and my OLD checks ( which are NON CTS 2010 and empty but signed by me and my wife) are there in my home. 

 

recently Nov 20th , 2013  i saw one check bounce in my ICICI Bank Account for 2,00,000/- , i don't understand like , who presented this check ,because i didn't give any one any check of 2,00,000/-

 

I have called the branch manager and asked all the details , he sent check copy to me through email.

 

when  i look into that some name "Y Krishna" is there and its account payee check. , mainly its non CTS 2010 check.

 

When i inquire in home about my old checks , i came to know that my sister has given some of my checks and my wife checks to some people .

 

i asked why  ?

 

then she answered like  , One of his debt. people told her , they are ready to give 5 Lac  and they need my checks and my wife checks as leverage, So my sister gave them my checks to check those are good for them or not  , as those are non CTS 2010 checks , all these are not known by me and my wife.

 

After that who ever took those checks , they didn't return the checks as well as money they promised to my sister.(indirectly they cheated my sister and got my checks)

 

So my sister didn't tell this to me , because i will scold her and she thought any way those are OLD ( non CTS 2010) checks and not useful for anyone.

 

But as recent change from RBI , they have extended the time for non CTS 2010 checks till DEC 31st , 2013.

 

Now  , My sister put  IP on September 29th , 2013 ,in the IP Notice she mentioned that she has give some  Blank checks to them.

 

But now these people who ever took my checks and my wife checks , they started depositing all the checks in bank from Nov 15th onwards with some fake amounts  like  , 2,50,000  ,  300000 , 150000 , 200000

 

Observation :  

 

1. If we see every check , only the sign is ours , otherthan that nothing is my writing( like Data , Amount , amount in rupees , Payee name).

 

2. Even though my sister gave all the checks to one person , The other person distributed all the checks to all ( who are on the IP List ).

 

like they deposited total 14Lacs  using  my checks  ( 1 from me + 6 from my wife).

 

not only that , they sent legal notice to my old address .

 

We are under shock like whats going here.

 

 

 

Now i am asking for suggestion like  , 

 

1. Should we take those notices at my Father in law address , as my wife is india now , and i am in still USA. ?

 

2. Should we file FIR to police people about all these .?

 

3. What if we didn't take those notices  ?

 

I am from Hyderabad  , INDIA.

 

So please help me .



Learning

 3 Replies

Sudhir Kumar, Advocate (Advocate)     10 December 2013

Not so simple. I have seen some of your important wordings.

 

you said

 

{When i inquire in home about my old checks , i came to know that my sister has given some of my checks and my wife checks to some people .

  i asked why  ?

  then she answered like  , One of his debt. people told her , they are ready to give 5 Lac  and they need my checks and my wife checks as leverage, So my sister gave them my checks to check those are good for them or not  , as those are non CTS 2010 checks , all these are not known by me and my wife."}

 

you also said

 

[So my sister didn't tell this to me]

 

SO it is apparent on your version that breach of trust and forgary has been committed against you with your sister's connivance and if you file case on that she may be in jail.

 

Sudhir Kumar, Advocate (Advocate)     10 December 2013

I udnerstand that you signed blank cheque and handed over to some irresponsible person (your sister) then who will bear the consequences.

 

either you pay the money or go to jail or send your sister to jail.

T. Kalaiselvan, Advocate (Advocate)     11 December 2013

Though looking very harsh, but Mr. Sudhir's contention is true and that is what the law on cheque bounce cases.  Alternately you may prove that you were not at all in India at the time of alleged transactions, hence you are not liable to pay any amount to any any one because you never borrowed them. For this you have to contest the subject before the court only,  You may state that your sister misused the duly signed blank cheques for the purpose of security towards the amount she availed from different persons which can be evidently seen from the averments in her IP petition (certified copy of IP to be filed), this way you can seek relief, or since it is a liability for your sister, to help her mitigate her problems, you can financially assist her by negotiating with the oldes of the cheque and solve the issue out of court amicably.


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