My husband borrowed Rs 150000 from a local person (not a licensed financier, but doing finance business locally) by signing in an empty document and submitting his blank cheques along with my signed blank cheque without my notice @ 2009. Then he kept paying some interest money monthly and because of some other issues (personal issues), he left me by 2010 & I don't even know where he is now (not divorced also) & whether he paid back that amount. From there on, I am living alone with my kids in other location. Few days back, I came to know through one of my old neighbors that the financier filed a cheque bounce case for Rs 1500000 against me stating that I have borrowed that amount by submitting the cheque in Jan 2011 and not returned back the money during Oct 2011 (As the account was not active still 2010, I was not aware the cheque bounce before). I don't know the current status of the case. I am yet to get the position of the case. Now by keeping the below points, suggest me how to defend myself.
1. Cheque is blank only with my signature (I have not filled anything name of the payee, amount etc.)
2. Cheque was not given by me, but my husband.
2. The account was not active since August 2010. But cheque was presented after 10 months i.e. by July 2011.
3. I had no interactions either physically or through phone call with that financier.
4. As I have changed my address, I have neither received any legal notice nor aware of this case till few days back.
5. The person who filed case against me is not a licensed financier (doing some petty finance & real estate) and he is from my husband's locality. Also he claimed Rs 1500000 which is too much, even my husband was not due that much.
6. The signature on the cheque belongs to the period of 2009 i.e. two years earlier than the date stated in the case.
Please help me with some valuable suggestions, so that I will proceed with the help of a lawyer (keeping myself equipped). And also if possible state me approximately what will be the the position of the case, as it was filed during Oct 2011.
Asked 2 years ago in Criminal Law from Bangalore, Karnataka
pls keep it in mind you will be only responsible if there is a legal liability on your behalf
Advocate, New Delhi
as you have signed the cheque liability is on your part.
Advocate, Greater Noida
Since the cheque issued is from your account it constitute a case against you and the signature is yours so you are liable to pay if the case of 138 NI has been instituted and pending against you. Appoint an advocate and file your reply and defense yourself or try to settle the matter with the holder of the cheque .
Check the status of the case. If the warrant is issued against you, you need to take bail immediately. Contest the case on merit.
Party is stating that I've borrowed from him during Jan 2011. But at that time itself, I've shifted myself to other address and my account was not active for a long while. By this, can we defend myself to prove I have not borrowed money from him during that period?
As I was not aware of this case till few days back, how to proceed with the case if I need to reply for this case?
Asked 2 years ago
At first engage a lawyer and ascertain the status of the case. It is possible that a warrant might have been issued against you, in which event police can come knocking at your door on any day to arrest you.
If the case has been filed then you shall have to defend it. We cannot chalk out your defence strategy sitting here on the basis of cursory facts mentioned by you. Your duly appointed lawyer will do that.
if you want to fight your case you have to appoint lawyer. rest he will do the needful
Advocate, Greater Noida