• Check was taken forcefully for my brother's debt

Hi 
My brother has taken amount from his friend . And did not pay him. And it has been 4 years now. And his friend has complained in police station. And in front of police they threatened me and and forcefully taken written statement that I will be responsible for his due and taken 6 check leafs of total amount of 14 lakh. I m not capable to pay so much money. As I m the only person to work and take care of the family. Also I was unaware of my brother's things .
Please help me what should I do
Asked 5 years ago in Criminal Law
Religion: Hindu

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13 Answers

They cannot forcefully take money from you. Stop the payment of cheques through bank. File criminal complaint against them in police station. If they are involved with that person then give the complaint copy to commissioner office and district judge.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

Hello,

Give a complaint to the police that the cheques have been taken forcefully so that you may come up with a defense if a case under sec 138 is filed for dishonor of the cheques.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Sir file a complaint with senior police officials that police in collusion with the people has recorded.your statements and further taken check

Apply for stop payment of cheque. Further the debt due to friends for.civil matter police should not have intervened therefore also there is no legal debt to show except the statement so.you can deny same can record your statement before.magistrate that police forcefully.took statement from.you.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

When your brother's friend took the cheque from your brothers forcefully then he should have made an intimation to banker to stop the payment of that cheque.Now before filing a cheque bounce case your brother frnd will send a legal notice to pay the amount,just negotiate with him to avoid further litigation.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Immediately lodge a complaint with local police of theft and extortion. whereby the cheque was forcefully drawn and taken away.

2. This is essential to have your defence strong in the event the drawee files a case of cheque bounce case once he presented the cheques and gets dishonoured.

3. Since you had no debt to pay to his creditor the initial presumption that you drew the cheque in discharge of a debt is rebutted.

Engage a good advocate to defend in court.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

1) issue legal notice to lender to return cheques taken from you

2) in notice mention that you had not borrowed any money

3) stop payment of cheques

4) complain against inspector of local police station to commissioner of police

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

1. The statement made to police has no legal value.

2. He should send a complaint to the jurisdictional police station through a registered ad to state that 6 cheque leaves from his cheque book were obtained from him under coercion in the police station itself and then issue stop payment instructions to the bank. Also state in the legal notice that you have no liability to repay the debts of your brother.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Sir,

To be frank you are in danger zone. Immediately report the matter to the Commissioner of Police in writing and take an acknowledgement. Secondly also file a private complaint before the Magistrate saying your cheques were forcibly taken. Further send a legal notice to return the same. Further issue an intimation to your bank not to honor such cheques. Now it is very hard to get acquittal if cheque bounce case is filed.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

In case of forcefully taken the cheque leaves in police station by the opposite party with the written statement you would have filed a complaint in the court under section 156 3 and you would have stopped all the checks in the bank citing the reason that the steps were taken bye force now at this moment you are responsible for payment and increase the bounce you are liable to be prosecuted under section 138 of Negotiable Instrument Act the latest amendment in the Act also made it obligatory on the part of drawer of the check to be twenty percent of the check amount before appearing in the court

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Stop the payment/clearance of these cheques by requesting your banker.

You at no responsible to repay the debts of your brother.

In case they initiate a cheque bounce case against you, you will have sufficient matrial to defend the same.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

1. File a Private Criminal case in the local Magistrates court, for forcing you to give cheques for criminal offences of wrongful restraint, cheating, intimidation and threatenings.

2. The above will set right the matter, or else the opposite party will file cheque bouncing cases on you.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You first inform the bank to stop payments on the cheques if presented for payment by the complainant.

If your brother has taken loan then why do you give your cheques for payment?

You can lodge a complaint before the higher police officer about this atrocious act of the police at the instance of a third person and seek his intervention.

Make sure that you have never stood as a guarantor to your brother for his loan.

You can inform police to initiate steps to recover the loan amount from your brother and not from you.

You can approach a lawyer to issue a legal notice to the concerned police about their illegal activity unleashed against you and demand the return of the cheques from the person who made this complaint.

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

Hi,

You are required to file complaint against those police officials and those individuals who took cheques from you. Do it as soon as possible.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

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