Now since the matter is before court, you cannot do anything about it than to challenge the same by defending your interests.
You can present your arguments based on the documentary evidences in your possession.
About cheque bounce case
Dear sir. Our family and our neighbours are well aquaited with each other since 10 years.My mother use to run a friendly chits since long time and my father is a government employee.Once my father had taken 3,50,000 from our beside home and given 2 empty sbh cheques for suriety in the year 2014.The said amount along with 4rs interest have been paid on 22/4/2018.when we asked for our papers and cheques he said he will return in one week and written on a white paper that he will return the papers with in one week. With out returning the papers he filed a cheque bounce case with amount 25lacs. When we asked for the reason he was saying that My mother has to give chits amount.But my mother paid all the amount to him he was saying that books are there and some old promisory notes of my mother signed in that but he changed the dates on that.as we are well acquited my mother had not taken all the papers.Now he is saying that my father had issued the cheques for 25lacs towards chits and other amount of my mother. He niether asked my father about the chits nor other amount.When we asked for the toatl calculatinons we have to give only 1,20,000 to him.But he is not accepting that and not ready to give our papers back.We have attended the court.He mis used our closniness. My father was has nither signed as a gaurantor or surity. As my father was a govt employee and was 50 years old we are unable to find a solution for this and our family was completely distrubed and my father got minor heart stroke and we are from tribal caste. Please give me the advice. I praise you sir. Please help for our family.
Asked 7 years ago in Criminal Law
Religion: Hindu
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11 Answers
He said that we have given the cheques on 10/05/2018. As per the sbi guidelines cheques of merged banks have stopped paying on 31st may 2018. Banks wer merged in the year 2017 and we have been using sbi cheques from the year 2017.So there is no possibility of giving sbh cheque of the year 2013 and 2014 cheques. And the writing on the cheque is not my fathers. How can we solve this issue
Asked 7 years ago
You have to contest the case on the merits. Collect all evidence documents etc, hire a experienced senior advocate.
Sir the onus is on the complainant to prove before court that there is legal debt of Rs. 2500000 that he owes you. The source of income chit for same had to be produced. You can dispute the amount as well.as can present true facts before the court.
See if sign is of father even if the writing is not his then also complaint can be filed though cheque can be sent for FSL, further dispute on ground that all cheque was given as security in 2013 and there is no legal debt.
Don't worry you can prove the same in trial by effective cross examination. He will not have any evidence to prove that he has advanced that amount.
1) your father has to apply for and obtain bail from trial court
2) make application for referring cheque to handwriting expert for his opinion as there is material alteration in Cheque and promissory notes
3) cheque bouncing cases take 5 years to be disposed of
4) contact a local lawyer
you should in your defence take the plea that loan has been repaid
there is no debt due and payable
cross examine complainant on repayment of loan amount
Even though the guidelines say a different rule, as per the complaint you have intentionally issued the cheque with the intention to defraud or cheat him.
If it is not your father's signature then he has deny that only before court.
You cannot claim excuses sitting at home, go challenge the case in the trial proceedings.
File a FIR against him for cheating and foregery. Were you served with the legal notice before filing of the case?
The date of the cheque will be a valid defense for you. Also the complainant will have to show some Legally enforceable debt against the said amount as mentioned in the cheque.
regards
Dear Sir,
The said criminal proceedings will be set aside on technical grounds as stated by you in respect of merging of Banks. Such relief can be given only by High Court.
