Legal Question in Criminal Law in India

Cheque dishonour

Respected sir,

I want to know the cheque dishonour law about some clarificiations. My brother gave 5 cheques to a financier for my family debt.

all are registered debt for 5 times total amount of 4 lacks. My brother gave him 5 cheques for only security. Financier registered a sale deed for his wife name our 15 lacks property and the same date he registered a power of attorney in his name. All our family members signed both documents.After 1 year he misuse the power of attorney and transfer our property to his wife name. When we try to settle his debt he announced that everything was over. and threatened to send my brother to jail for 2 years. We cancelled our power of attorney and suit a civil file against him. So he got angry and filed a criminal case against my brother. For the past 4 years we are struggling in the court. The judgement date is coming very near. We are afraid that our case will get failure? Our 5 cheques are date barred cheques. 3cheques we gave him without mention the date. So he filled up 3 cheque with the same date.and another 2 cheques he stricked out and forgery sign like my brother.5 cheques are the same date and he make it bounced and suit a file.

please suggest me what will I do?

I want to say some


Asked on 4/19/08, 11:56 am

3 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Cheque dishonour

If you are able to prove the cheques were given in lieu of the security then your acquital is queit sure.

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Answered on 4/22/08, 3:16 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Cheque dishonour

Prove your case in the Court and get justice.

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Answered on 4/20/08, 2:25 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Cheque dishonour

If you can prove that cheques where given for security in the court you can get acquited.

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Answered on 4/21/08, 10:35 am


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