• Cheque issued forcibly

Dear Sir,

My Dad has taken few lakhs from financers and couldn't pay it on time.. 

Hence these financers rushed to my home in midnight and forced me to give cheque leaves else they started harassing my dad.

I was forcibly made to give 10 cheques which were already in blocked state and the amount is duly written and the date is not mentioned.

Kindly guide me what actions should i take immediately

Should i report this to police station that Dad has forced me or file complain on the financers

Please help

regards,
Vijaya
Asked 7 years ago in Criminal Law
Religion: Hindu

2 answers received in 30 minutes.

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12 Answers

Immediately file a police complaint against them and copy to commissioner of police too.

If police is not ready to take any action against them then file a criminal complaint against them before criminal court. Otherwise you have to pay the amount as mention in the cheques.

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Dear Vijaya

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Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1) file police complaint against the financiers of criminal intimidation under section 506 of IPC

2) also source legal notice to financiers not to present the said cheques as you were forced to issue said cheques

3) mention that you have already issued notice to bank to stop payment on said cheques

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

You can seek phone consultation with any lawyer from this website

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Lodge a police complaint immediately against the financiers alleging that they have forcibly taken 10 cheques from you making you signing those cheques under pressure when you have no dischargable liability on them.

2. Also inform the Bank not to honour the said chques which were alreadyb blocked on the said ground.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. If the financiers harass your father, your father and/you should lodge police complaint immediately and seek police protection.

2. If police fails or refuses to take any action, file a writ petition before the High Court against police inaction seeking relief.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. File application before bank for stop payment.

2. File a complaint before local Police ,if the police will not take case then file private complaint before Judicial First class magistrate court for taking case against financier. Also file application for search and recovery of Cheque.

3. Drafting of complaints has big role in your case. So it should be draft cleverly for that purpose meet a local criminal lawyer.

Ajay N S
Advocate, Ernakulam
4080 Answers
111 Consultations

5.0 on 5.0

You are not in any legal manner liable to repay the debts of your father. Be that as it may, immediately go to the police station nearest and file a criminal complaint for criminal intimidation and extortion. If the cheques are already blocked then it is fine, else issue stop payment instructions to the bank.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Hi, you have to lodge police complaint against them first for harassment and taking the cheque forcefully.

2. Later if they presented the chque then you have no other options to contest the case legally.

Pradeep Bharathipura
Advocate, Bangalore
5607 Answers
336 Consultations

4.5 on 5.0

You have to lodge written complaint beforehand concerned police about financier forcibly took your cheques. You must mention about cheques bears your signatures, amount mentioned and blocked stage. Police will register a case on financier and his henchmen if any. If police did not registered any case on said financier then you have approach to concerned magistrate by way of private complaint seeking refer the matter to police for investigation and report. Though cheques are in blocked state better to inform your bank about the incident in writing under proper acknowledgement which will helpful if financier files any case basing on cheques. [deleted].

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

If you were forced to give your cheque leaves by the financiers or your father, you can lodge a criminal complaint against the person/people who forced you to do so.

Simultaneously you can either endorse a copy of this complaint or write a separate letter to the bank informing them to stop payment on the cheques if presented for payment. You can also issue a legal notice to the financiers for indulging in such illegal acts against you.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

The financer would harass my father and i am very much worried about it

You cannot have remedy to all the problems, you have to decide about what action to be taken and at what time.

Your father should not have joined the hands of the financier to give them the blank cheques for his liability hence there is nothing that you can do to save your father if he failed to protect your interest.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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