It's been two years a customer of my brother falsely charged my old mother and brother with section 406/420/467/468/471 My brother has a franchisee of a Company (let's say X) with my mother's name, during the business transactions brother had given a cheque to his customer of rs 7lac which got dishonored due to insufficient fund. Though my brother made a commitment to the customer that he will pay the money soon but customer logged FIR against my brother and mother. In his FIR customer mentioned that my brother and company X cheated him together, he had invested rs 20lac to buy a property for the payment of which he has transferred 13lac to the company X account and remaining 7 to the franchisee account that my brother has with my mother's name but my brother did not send that money to the company X when he asked to give his money back company X and my brother started procrastinating and later gave him a cheque that got dishonored. He had filed two cases: First against my mother and brother and company X under IPC 406/420/467/468/471 Second against my mother (because cheque was given with her name/signature) under IPC 138 NI Act My brother got arrested for few days and got bail from session court but we did not present the mother in the court because of fear of getting arrested. Later in their charge sheet police took Company X name back perhaps, they have got some money from the company. What we should do now and is there a way we can save our mother from this matter as she did not even know anything about the business, help please.
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
1) your mother is signatory to the cheque
2) since cheque has been dishonoured on presentation cheque bouncing case is maintainable against your mother
3) if you make the payment to complainant you can file for quashing of complaint filed under section 406 , 420 etc
As per sections mention in your FIR, there is any documentary transactions or made any false documents by the company, your mother or brother???
if yes, which type of the documents?
File a quashing petition before the High Court if there is no role of your mother or if your mother is not active in the business of the company.
try to settle the matter with the complainant and after settlement file quashing petition before the High Court U/s 482 of Cr.P.C.
Feel Free to Call
Later in their charge sheet police took Company X name back perhaps, they have got some money from the company.
What we should do now and is there a way we can save our mother from this matter as she did not even know anything about the business, help please.
Since the company was in yor mother's name, she has been impleaded as an accused in the criminal complaint.
Under this circumstances, since your brother, a co-accused, has been enlarged on bail, you may apply for anticipatory bail for your mother in the criminal complaint agaisnt her and after that the criminal case can be challenged in the court as per merits and evidences in your side.
Since the cheque has been given under her signature, she will be held liable for the cheque bounce case too,
She can challenge the same n the trial court based on the facts and merits in her side.
1. Instead of keeping your mother in hiding you should apply for her anticipatory bail to preempt her arrest, else someday she will suffer arrest at the hands of investigating agency.
2. The cheque bounce case has to be contested on merits. In 138 NI Act prosecution there is a presumption that cheque in question was issued by the drawer in discharge of a legally enforceable debt, but this can be rebutted by the accused. So take it utmost seriously. Without perusal of the complaint it is not possible to advise.
