Hi sir I am kokila from Chennai I borrowed money from my relative of Rs.200000 by signing emty bond and cheq he keeps threating and kidnapped my mom he lives in tirupathi my mother lives in krishnagiri I filed a compliant in krishnagiri and arrested him, then their family pleased with me and my family, (saying we will never interfere in your matters again and will never file a case against the money and cheqs please get the complaint back u don't want to pay the money back), then my family also advised to compromise then police man made these statement in white paper as they also agreed and signed in front of police man in the police station.. After a month he sent me a court notice from kalahasthi tirupathi, asking the money my economic situation is bad I cant pay him the money...since he also agreed to that.... now what should I do ...kindly advice...I live in Chennai...
Hello,
You will have to contest the case at Chennai, since the case has been filed already therefore you will have to now appear before the court.
File your reply and take all those grounds as mentioned by you in this question.
Contact a local lawyer at Chennai.
Regards
1) since you have borrowed money you are liable to repay the money
2) since you have issued cheque of Rs 2 lakhs in the event of dishonour of cheque complaint would be filed against you for cheque dishonour
3) engage a local lawyer and contest the case
4) apply for and obtain bail from court
5) when you have funds apply for compounding of offence by making payment to complainant
Dear Sir,
Assuming that you received a court notice in civil case for recovery of money, you just contest the same.
Further assuming that you received a court notice in cheque bounce case, you should contest the case.
You need not compromise. They cannot prove anything against you. Just prolong the matters. If possible file a petition for transfer of cases to another which is convenient to you, this is prolonging the matters.
Any way you have to challenge the cheque bounce cases in High Court and get a stay order and then quashing orders as the same were issued by you without any consideration.
You need not bother. Take the assistance of an intelligent and honest advocate who will take care of your cases.
Have you received summons from court to appear and answer charges under S.138 NI?
If so, you have to abide by the court summons and no other way.
It is always better to settle the amount and get rid of the case as you will end up wasting time, energy and money if you intend to challenge.
Dear Client,
Approach the police station which had registered ur compromise. Even u can reinstate ur FIR, AS the same has been compromise by playing fraud on u.
ALSO, Kidnapping cannot be comprised through police.
Get the FIR documents and written compromise.
Firstly you should not have signed these sorts of agreements in your prior case. A case of kidnapping is a big case and shall not be compromised in any case. Secondly even if you would have compromised you should have kept the records of the compromise letter for all future purposes.
Now that you have received this court notice in respect to the money borrowed by you, you are required to appear before the court in this matter. Get a local advocate appointed in this case and contest it as per your situation. If you can pay in parts then agree to pay the entire sum in part payments. If you can't pay at all then contest that you never took any money from the concern. and if you can pay but some time later in future then have an agreement as per that.
1. Here you did not mention about the court notice. I suspect that you would have received notice for recovery of the money which you liable to pay him back.
2. In the police station, did he return the bond and cheque?.
3. Since notice is sent from Kalahasthi, you need to contest the case over there.
Get more info. on the notice.
Respected sir ...
Compromise is beat thing ...Sir if you have given blank cheque it's your liability to pay the amount which is filed by him in that cheque ..He have option to take Legal action against you ...Just ask him that I will pay you money and give me some more time convince him for more time ..That is only the options you have because you have taken money and as he is your relative so no need to worry that much ...Just convince him
Thank you...
hi, if you have recieved a court summon it is advisable to appear before court and contest the civil proceedings..if you do not appear court may pass a ex parte decree against you..
It is your big mistake that you had not asked to return the cheques etc from him at the time of settlement.
Now that person using your papers against you.
Try to get attested photo copy of the compromise from the police official.
Lodge complaint against him with the local police and higher official after narrating all the incidents and offences committed by him and also attach the photo copy of the complaint given earlier and the balck mailing done by him presently. You will get relief .
Good Luck and dont forget Rating
Hi, if you have received a court notice, you have to defend the case strongly putting all your favourable points.
1. If your mother was abducted by this man then it is a serious offence for which you should not have entered into a compromise. Even otherwise, the offence under this section is non-compoundable. It is not clear to me how your compromise was accepted by the court in the first place.
2. Now that he has sent you summons from the court you have to contest the suit on merits.
There is no reason for you to worry, contest the case filed by him on merits.
Rely upon the settlement documents in your possession to rebut his claims.
What is the notice about? If it is a civil case you have to be present before court and contest. If he has filed cheque bouncing case also you need to contest it at the said court. Hire a lawyer.
The amount borrowed by you has to be returned, you cannot take shelter on the basis of statements made in the police station.
If he has sent you a legal notice, you may have to give a reply and in that you may explain your poor financial condition and seek time for settlement
