Cheque issuer absconding
I need an opinion from you. Please help me out. Let me explain my situation.
I have loaned 7 lakhs to my tenant in when he met with an accident (a major one in Aug 2013). His wife came and asked for help. I gave them the money in cash and got a cheque leaf, two promissory notes and a fifty rupees stamp paper along with their house rental agreement copy, bank pass book copy and a DL copy. (all his wife’s documents).
They promised to pay back in two years.
Currently I am in USA from Mar 2014, Now they are not returning the money as promised and also they have moved to a new house which I could not trace and they are not attending any of the calls.
Im Planning to file a case under Sec 138 NI Act. I know I must be present in person to file a criminal case, since I cant travel due to my visa extension is in process, Im planning to fill my mothers name in the cheque and Im going to make my mother to give a case under 138 on here
1) Im not able to track them, please advise how to proceed if the cheque bounces.
2) Will the court or the opp party will ask for the source of income for my mother? My mother files IT return for 2.1 L for past two years.
3) Will they ask any proofs of cash withdraw transactions from bank on the day of lending?