Hello,

Engage a lawyer and file an appeal against the summoning orders in respective HC and get the matter stayed on ground of health and on promise/ undertaking that you will make good the payment.

Also since you want the matter to be shifted to different state there a petition will have to be filed in the SC, but sonce proceedings are quasi criminal transfer will be difficult.

Yes they can fill up the security cheque, but they can not fill it up to harass you after knowing the situation you are going through.

Consider the aforementioned as the final and concrete advise to get out of the mess you are in.

Let me know if I can be of some help.

Regards

The appeal will be filed under section 482 and prayer for quashing both the summoning order and the proceedings will be made

1. For dishonour of security cheque as well case under section 138 ni act is permissible.

2. For transfer of cases to Kolkata you need to file transfer petition in supreme court.

3. These are the regular strategy of the bank to put pressure upon the borrower to repay balance money. There are many defences available to you which can be disclosed if professional help is sought for.

4. However if the drawer bank is in Kolkata only then in city except Kolkata such cheque bounce cases is possible.

1)once you have issued cheques you have authorised bank to fill in details

2) on cheque being dishonoured and payment not made within 15 days complaint under section 138 Ni would be maintainable

3) even if it is security cheque complaint is maintainable

4)you should make application for compounding of the 3 cases

5) even if bank opposes if you make payment case would be compounded

6) you cannot trust the bank .

7) complaint in jaipur , gujrat would not be maintainable as cheque has been issued from account in kolkata and presented by bank in kolkata only

1. In cheque bounce case there is a presumption that the cheque in question was issued by the drawer to discharge a legally enforceable debt. The onus to prove otherwise is on the accused, and if he fails to discharge this burden, conviction will follow.

2. A criminal case cannot be transferred unless the court where it is pending lacks the jurisdiction to try it.

3. It is legal to fill up the dates on the blank cheques.

4. A notice by you telling them to not to deposit the cheque does not preclude them from depositing it and initiating the prosecution thereafter if the cheque gets dishonoured.

5. Either do an amicable settlement or contest the cases on merits. If you wish to contest it then you have to prove that the cheques were not issued for a legally dischargeable debt.

1. The bank may go ahead and file cheque bounce cases against you. You can take the plea that security cheques, which were just black cheques and issued as a surety, are not covered under section 138 Ni Act.

2. Engage lawyers to represent you at all these places. You need travel personally.

3. Yes. But you take chance your chance by taking the plea that I've suggested you on pint no. 1.

4. No.

Hi, as per law security cheques cannot be used under provisions of 138 NI ACT .. But the bank officials while filing 138 complaint , mentions the cheques that they were issued by the accused as a repayment of instalment and not as a security cheque that they took during granting of loan .. This is the fake story they cook to evade the" security " to fule criminal compalaint under the provisons of 138 act .. 2) it is advisable to file a Writ in high court and to seek a relief from court to persuade the bank to arrive at a settelment and not to use security cheque and harass by intentionally filing cases in three different place , when they could have filed it in a single perticular court

Dear Client,

If u have cleared the bounce EMI, no case made out/subsist.

1. what will be my defence plea? - Show the receipt that the payment is made.

2. how can i appeal for all cases to be transferred in kolkata? as they are just harassing me. and in my recent health status it is not at all possible to attend all long distance courts in other states. --If the cheques are issued for security purpose for same loan,than other cases may itself get dismissed for want of Jurisdiction. Need to petition. 138

3. is it legal to fill blank signed chqs by themselves putting recent dates and deposited them even after i have informed them not to deposit same at least 6 months back - Not Legal, but have to prove in court.

4. can i believe bank officials who are accepting part payment and simultaneously stared arbitration in other states and 138 cases in 3 different states..please advise me...-- Both remedies can be invoke, No bar.

For assistance in Jaipur , Contact.

all my advocates are providing contradictory views

Since you have issued a letter mentioning the cheque number and requested to not to deposit the cheque or collection, the cheque with the latest date can be easily challenged.

You cannot get all the cases transferred to Kolkata, since the cause of action has taken place in different cities as per the complainant's contention.

The recent dates is the cause of concern, however your letter prior to the deposit of cheque shall come to your rescue at the time of trial of the case.

It depends.