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Meenal Amit Chaphekar   05 May 2021

No demand notice or summon but police came

My dad taken an cash loan of Rs.15,000 in Dec 2018 from one shop keeper and given blank cheque of my bank. He just written in his khata book and nothing else proof instead of blank cheque.
My dad expired in April 2019. After one year shop keeper call me at asking to refund but some financial condition I am unable to return and further lockdown and now again same situation.
But in Jan 2021 his son deposited that cheque without informing me and deposit with illegally amount of Rs. 2,23,000/- to bounce.
We are not at address after dad expired we shifted to other place. 
Now suddenly one police came at my old place today 5/5/2021 at 10:30 am and inform neibhour that I missed the court date today.
But I didn't received any demand notice or court summons.
If address are not available but the opposite party having my Mobile number. And no one has came to deliver any notice till date or not any call or whatsapp.
How to check whether is there is an date in court and how to handle the fake amount bounce cheque.
Please help. 



Learning

 16 Replies

Sankaranarayanan (Advocate)     05 May 2021

State the facts of your query

1 Like

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     05 May 2021

1. You will need to engage the services of a local Criminal Lawyer, to attend the court, else the court would issue Arrest warrant to secure your attendance in court. 

2.  You will also need to prove that you do not owe anything to the shop keeper and neither the shop keeper paid you anything of that amount.

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

Pradipta Nath (Advocate)     05 May 2021

Better to engage an Advocate to unearth every issues and facts!

Shashi Roll no 24   05 May 2021

Don't worry I wish you got

Dr J C Vashista (Advocate)     06 May 2021

It was not suddenly but the complainant has issued a notice before institution of a case against you.

You will have to attend the court, engage a local lawyer prudent and contest the case.

You have no legal liability and not signed the dishonoured cheque hence the case shall be dismissed, if proceeded properly

G.L.N. Prasad (Retired employee.)     06 May 2021

You are not coming out with facts correctly.  Have you issued notice to Bank informing the death of your father in Apr,2019 ?  If you have informed the death, do not worry as you are not involved in that transaction (unless you have admitted something in writing or you are involved in the business etc.,).  I am not speaking about moral obligations and compromises and focusing on the present issue only.

Meenal Amit Chaphekar   06 May 2021

My address was changed. We shifted to new address after father death. No demand notice received from complainant. If he didn't know my address then he can call me or whatsapp me to deliver demand notice. He already have my contact number But nothing has done. But directly police came to my old address.
 

Real Soul.... (LEGAL)     06 May 2021

You are not responsible to pay anything for mere a cheque, but if your father had left any property the recovery can be made against that . It is very hard to recover the amount for the borrower but you still need to keep check and know if he filed any case for recovery of amount.

G.L.N. Prasad (Retired employee.)     06 May 2021

Please focus on the issue:  Have you intimated your father's death to the Bank?   Are you in any way connected with the business as an undivided member of the family's business or a partner or connected in any way in running such business?  You are well aware of the indebtedness of your father, what have you done so far to settle the same if any on demands from a lender?  Have you contacted any local advocate?  Who is the lender and what is his profession and whether such indebtedness of your father reflected in the financial statements of the lender?

Meenal Amit Chaphekar   06 May 2021

My dad given my bank blank cheque as an security. Amount is only 15,000/- received in cash without any agreement or writen statement or signature except blank cheque. Shop keeper son put his name on blank cheque and put 2,23,000/- amount and bounced that cheque and now file the case but no demand notice received by any communication.

Trivendra Sharma (Practicing Lawyer 9918411669)     06 May 2021

There seem to be a case instituted against you u/s 138 on NI Act. Arrange to represent your self immediately in Court through lawyer.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     06 May 2021

1.  It is perfectly legal to send Notices, Court Summons, Correspondences, to the LAST KNOWN Address. The Court accepts this and there is no exceptions to it.

2. To avoid futuristic Arrest Warrant, attend your Court matter.

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

 

T. Kalaiselvan, Advocate (Advocate)     07 May 2021

The police would have notified you after a bailable warrant was issued on your name by the court in the cheque bounce case.

Since the police has informed you about the pendency of the case against you, it would be better that you appear before the court on the court date either in person or through your advocate and participate in the case to challenge the same on merits as well as documentary evidence. 

Dr J C Vashista (Advocate)     07 May 2021

You have the only option to contest the case in the court.

It would be better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.


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