Upgrad LLM

i am not party of cheque


Sir,

 I am in big Trouble, My son has a propritor ship Firm and he is only propritor of that Firm. he issued a blank & undated cheque to some one by his own signature.

cheque was returned due to unsufficient funds.

but that party file a case in 138 against me. Weather it is possible?

or what can i do.

I am not on any position in that firm not releated in any tranctions

and as per bank account & Firm registrartion certificate my son is only proprioter of that firm.

I am a senior citizen. please help me .

Thanks

 
Reply   
 

dear yogesh,

dnt worry you are safe

no one can sue any person without any cause and for others action.

it is not possible for parties to sue you under 138 for your sons negligence,

as per my instinct i think they had made you performa party to recover the money of cheque issued by your son from yours sons share in your property

to avoid it file a declaratory suit and bycott your son from all your movable or immovable assetts so that court will not attch his share in property for the recovery of the money in consideration.

feel free to call


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Thanks Anish,

 But here i have to clear you one thing that they make me only party and leve my son openly. I mean to say that they file a case only against me.

please help

 
Reply   
 

Thanks Anish,

 But here i have to clear you one thing that they make me only party and leve my son openly. I mean to say that they file a case only against me.

please help

 
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advocate.dma@gmail.com

-- S.138 case is maintainable against you only if the cheque issued by you from your account, gets dishonored.

 

-- Since you state that the case is already filed only against you, then you will (or already) receive the summon from the court, appear on the first date and tell the court that you have nothing to do with the firm, as the cheque is neither signed by you, nor the account is in your name. Take the Bank letter with you and your signature proof, you do not have to blabber about your son account or proprietor firm etc. You can even ask for huge cost on account of harassment.

 

-- This is the criminal proceeding and under this act  there is no question of any attachment or recovery.

 

-- Just relax, and do the needful only on the date, meanwhile if possible attach the notice/complaint copy, if it is possible.

 

As a father you should advise your son to pay off, honestly, if there are any genuine dues.


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associate

hello,

suit against you wont b maintainable.no need to be worry.you can argue for the dismissal of the complaint and it will be


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solve problems in criminal cases. lawproblems@gmail.com

Please read the complaint filed in the court to initiate the case, somewhere both of you may have been related.

Better option is file revision against the process issued by the lower court since no dismissal possible in same court in cheque cases.


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Corporate Lawyer

Dear Yogesh,

The case itself is not maintainable as against you. The complainant having filed the complaint as against you will be dismissed by the court on you preferirng application. There are judgments to that effect which specifically say that the person who is not a drawer and in no way concerned to the issuance of cheque and party to the transaction whereby the legal liability ciould be fastened on such person shown to be as accused, the complaint itself is bad in law.

Further more, the complainant (drawee) to whom your son issued the cheque having not made him party to the proceedings, said similar proceedings could not be initiated again. 


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will some one please send me any Judgemet regarding my case................ please it will very help ful for me.

Thanks

Yogesh

 
Reply   
 
advocate.dma@gmail.com

1. Cheque is not signed by you.

2. Cheque is not from your account.

 

I am reproducing the S.138 for your benefit.. Read the highlighted portion..

Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall without prejudice to any other provisions of this Act, be punished with imprisonment for 2["a term which may extend to two year"], or with fine which may extend to twice the amount of the cheque, or with both:

 

Now what kind of judgement you require when the act itself says that it should be drawn by you from your account. You have not signed the cheque neither the cheque is of your account... So where is the problem.  

 

The court on the first day takes the bail bond of the accused and frames the charges, but when the section itself is not applicable then neither you are required to give the bail bond nor any charges shall be framed against you. As a precaution you should carry following documents..

 

1. Your signature proof from your existing Bank Account.

2. A letter from the bounced cheque Bank that account is not yours and it is maitained by someone else.

 

Either court will dismiss the complaint or ask the complaint to provide more details before proceeding ahead.

 

CAN YOU ATTACH THE PHOTO COPY OF THE CHEQUE WITH COPY OF COMPLAINT ???

 

 
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