• Fake cheque bounce case

Namaste,
 This is a complete blunder case.My mother owed to a lady 100000 rupees.but failed to repay by the due date.so she filed a cheque bounce case with the help of her sister who is a lawyer for 280000/_.succeeded in the case and is deducting the entire amount from my mother's salary from the past 3 years.but now the lawyer has been using the same cheques for another cheque bouncing case in which the claimant has nothing to do with them.my mother has never even seen that claimant .We fought the case but our lawyer says there is no way except to pay them.we were in complete disastrous position in our lives and we can't even get recovered from the last proceedings please please someone help us the final hearing is on 20th and we were losing all our hopes in our life
Asked 7 years ago in Civil Law

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6 Answers

1. When the case is filed the only option is to fight it on merit.

2.if you could prove that the cheque was not issued to discharge the debt as claimed in the case no order will be passed against your mother.

3.The lawyer presently looking after your case does not appear to be an expert in this case and you better think in terms of changing him with another one.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. A cheque of 1 lakh can give a cause of action for only case, not multiple cases. The same cheque cannot be used to sustain more than 1 cheque bounce case.

2. There is something amiss in the advice of your lawyer. So consult another lawyer with the complete set of case documents.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) it appears your mother had issued blank cheques

2) if blank cheque had been issued you have authorised drawee to fill in date and amount of cheque

3) if your mother has not seen the complainant your mother should through her lawyer cross examine the complainant

4)it has to be proved that there is debt due and paybale to your mother

5) your mother should in her statement recorded before magistrate deny her liabilty to make payment . state there is no debt due and payable

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

There is presumption that when cheque is issued it was in discharge of debt due and payable

2) if there is no debt due and payable complaint would be dismissed

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

If there was a cheque bounce case and the verdict came against your mother, then the court would have sentenced her with punishment and not recovery from salary every month, probably this might be a civil money recovery suit, in which the opponent would have utilised your mother's promissory note and not the cheque issued to her.

Thus she has come out with a cheque bounce case on the basis of the cheque issued to her simultaneously.

If you feel that your lawyer is not effective and not cooperative, you can change the lawyer even at this moment.

Without knowing the proper details of the cases, any opinion given at this stage may be misguidance, hence you may consult a local advocate with all the relevant papers and take a second opinion immediately.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

My mother denied the due in her statement but the court is favourable only to the opponent lawyer

Without getting a judgment from the court, do not jump into any conclusion.

If you are aggrieved by the judgment at that stage, you may prefer an appeal against the judgment and plead your grounds.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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