• Cheque bounce case

Sir actually  my father took a loan from a person of rs.3 lakhs  and gave 3 cheques of 1 lakh each  with a sign in blanck  agreement letter. We repayed him rs 1.65 lakhs through monthly installments of rs.10 thousand after that he wanted his full money . As we were financial week due to his arogant behaviour in our neighbour we shifted our house . He sent us a lawyer notice for which we did not accept as we were financial poor . After one long year now he found our house for which he is sending  summons  . As my father is not staying with us he is trying to trouble us by sending police and all the stuffs like that. Sir my father cannot appear in court but we want to fight this case and we are ready to repay him through installment for which he is not ready to accept  what is the solution ???? Pls pls pls help us
Asked 5 months ago in Criminal Law from Bangalore, Karnataka
Religion: Hindu
1) your father should engage local lawyer and contest the case 

2) you have not mentioned what is amount claimed by lender in the case 

3) cheque bouncing case take 5 years to be disposed of 

4) make an offer in court to complainant to pay amount in instalments 

5) application can be made for compounding the case 
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
5.0 on 5.0
1) your father can apply to court and would be granted bail by court 

2) your father should remain present with advocate 

3) court releases  accused on bail 

4) if father does not appear non bailable warrant would be issued 

5) your father will have to then move court for cancellation of NBW

6) due to huge backlog of case it would take 5 years for trial to be completed 
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
5.0 on 5.0
1) your father has to appear in court wherein case is pending 

2) he cannot appear in another court 

3) engage local lawyer make application for exemption from personal appearance for the day 

4) court can issue warrant on next date if father does not appear after service of summons 
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
5.0 on 5.0
Sir actually  my father took a loan from a person of rs.3 lakhs  and gave 3 cheques of 1 lakh each  with a sign in blanck  agreement letter. We repayed him rs 1.65 lakhs through monthly installments of rs.10 thousand after that he wanted his full money . As we were financial week due to his arogant behaviour in our neighbour we shifted our house . He sent us a lawyer notice for which we did not accept as we were financial poor . After one long year now he found our house for which he is sending  summons  . As my father is not staying with us he is trying to trouble us by sending police and all the stuffs like that. Sir my father cannot appear in court but we want to fight this case and we are ready to repay him through installment for which he is not ready to accept  what is the solution ??


Since he paid the loan amount by cheque he has a record for lending the amount.
The record of repayment by you is another evidence for the loan amount.
Since he is not having  cheque from our side he is trying to give pressure through police.
Actually he should approach civil court for recovery and not the police.
If he approached civil court you may get chance to pay it back in installments.
Next time when police approaches you may clearly state that your father is not living with you and they may search for. him elsewhere.
If police d not listen, you may issue a legal notice to police to restrain from visiting your house for this purpose and may endorse a copy to the higher police officials.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1)Sir are they allowed to arrest my father  at any instant . They are threatening as if we are like some criminals  . We did not react to any summons we sent it back that the  person is not peesent 

The police cannot arrest without a arrest warrant. There is nothing wrong in returning the summons back since the person is not living at your house.





2) can warrant be issued in my fathers name 

It depends on the court and not the police.






3) there have been 8 summons issued and the next hearing date is 12th of this month

Since your father has not signed and received a copy just dont be bothered about it, the court will take decision accordingly.






4) do my father has to present in front of the court

If he has received the summons, yes.






5) i dont want to my father to be present in court can we send an advocate instead as they  are life threateners

NO



T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1)Can my father appear in any court other than  the given court for bail  inside the state as there is a bit of complication  or rather is there any way he cant appear before the court

No.





2) how many ignorance summons  lead to warrant

Warrant cannot be issued if summons were not served. 



3) can they arrest my father now

Not, without a warrant 





4) what is the easy way to get out of this case

First attend the court, receive the papers and charge sheet after that you can decide about this based on the nature of case.





5) he cannot appear in the respective coutt as my fatger is out of town for his job

You decide.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1) the easiest way is to appear in court and make offer for one time settlement 
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
5.0 on 5.0
It seems that a prosecution for cheque bounce has been launched against your father. The notice that was sent to you should have been accepted and replied. It is a criminal case, so take it seriously. At first apply for and obtain bail and then contest the case on merits. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
The court will not keep sending summons till perpetuity. It will eventually issue a warrant to arrest and produce you before it. So engage a lawyer to obtain bail and thereafter contest the case in defence.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. Your father has to appear in the court which has issued summons. 
2. Dishonour of summons will lead to warrant which will be issued sooner or later. 
3. That your father is out of town in connection with his job is no ground to not to appear in the court.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. First of all collect the copy of the plaint of the case he has filed against you,

2.  See what has he filled up in the blank agreement,

3. After that challenge the agreement filled up by him,

4. You can submit that the loan has been taken by your father who is insolvment now,

5. Meantime he will agree to your proposal for settling the dues of your father in instalments
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. What case has been filed against your father? Were those cheques presented before the Bank and got dishonoured? if yes, then is it a case u/s138 of NI Act,

2. If cheque bounce case has been filed against your father, then there should be an evidence of dischargable liability against your father and he should prove that your father had taken money from him. However, if the summons are avoided and he refuses to appear before the Court, warrant may be issued against him,

3. He should appear before the Court,

4. Yes and he should engage a lawyer to defend him,

5. First day he should appear after which he can file an application praying for waiving his physical  appearance  on te ground of old age and ailment,

6. If you have taken any proof of repaying Rs.1.65 lakh then present the same before the Court to disprove the total claim submitted by the lender.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1.No, he has to appear before the Court from where the Summons has been issued to him. No bail is required at this stage,

2. There is no such specific rule for issuing Warrant. If the Magistrate is convinced that Summons are being purposely refused to be received or that he is not appearing willingly, then he may issue warrant,

3. In case warrant is issued, he can be arrested,

4. If your father has taken loan then he has to repay it as per the agreement. This is the easiest way to get rid of the case. If the lender is over claiming, submit evidence of your paying off Rs.1.65 lakh,

5. He shall have to file an application praying for waiving his personal appearance as advised earlier.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. The case shall have to be contested carefully,


2. Your father shall have to prove that he has already paid Rs.1.65 lakhs and the balance is only due.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0

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