rakesh 27 February 2020

Check bounce case

respected sir/madam i have facing a issue one person has filed a check bounce case on us after my father death and he has put that check for 1.5 lakhs but we dose not know whether my father brecived 1.5 lakh from him or not but he has filed a case on us and property belongs to my father has a loan what can i do pls give me a sugesstion

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8 Replies

Real Soul.... (LEGAL) 27 February 2020

If your father is dead then no criminal case can like under 138 NIA be filed against him but yes a recovery suit can be filed to recover the money from the LR's . However it is better to confirm with the lender to get the issue settled out of court, if he is having the cheque means he borrowed or may be there is some transaction, just confirm if he is true speaker ,otheriwise just defend the recovery suit

Adv Deepak Joshi +917017821512 (Advocate) 27 February 2020

cheque bounce case will not stand

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 27 February 2020

1. IF cheque is signed by Father, THEN cheque bounce case CANNOT be filed against any Family members, in any manner whatsoever.

2. IF cheque is signed by you /family member, THEN defend the cheque bounce case, by stating that cheque was stolen and you do not have any liability or enforceable debt towards the complainant, in any manner whatsoever.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Shashi Dhara 27 February 2020

He can file civil suit against lrs to recover money not criminal.if he files criminal case then you drag it for more then tree years then after it dismissed he cannot file civilcase as time is barred.

Akshay (Advocate) 28 February 2020

Thank you for your question

As your father died so no criminal case for the recovery of amount attracts but he may sue you(legal heirs) a civil case for the recovery of amount.Summary suit can be filed against the Legal Representatives of the deceased. Complaint under section 138 of NI act is not maintainable, and the only remedy left is civil suit.

Hope this will help you

Best regards,

Akshay Gupta

rakesh 02 March 2020

Actually my father taken small amount from him and he has asking for highest figure the check given by my dad was blank cheque what can we do

Shashi Dhara 02 March 2020

Let he go to court ,he can claim only on your father's asset not on yours..you defend in court by engaging advocate.if he serves notice deny it or don't give reply notice.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 02 March 2020

Originally posted by : rakesh
	what can we do

1. For starters you can CRY, .OR. you can Re-Read other experts Reply and my reply, this time more "S-L-O-W-L-Y", and understand as to what is guided to you.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com