Legal Question in Criminal Law in India

summons by court under sec 138

I had issued 2 chqs as asecurity on pretext of sending my son abroad.After presentation chqs were dishonour with bank memo payment stopped by drawer. I received a legal notice in which it was stated that i had taken a friendly loan . In my reply thru my lawyer Imade it clear that i have not taken any loan from complainant .The chhqs were issued only as security not in order to discharge any of the liability.And Ihave had all this in writting before issuing chqs . NOW i have been summoned by court. my son has gone abroad on marriage basis for which the complainant has done nothing.Please advise what should i do .is there a solid defence for me because i have inwritting from the complainant as under :

to whom it may concern

this is to certify that I....S/O....R/O.... Received chq bearing no.....from sh.... on pretext of sending his son abroad. it is also certified that these chqs have not been issued in order to discharge any of the liability.If I fails to send his son abroad Ishall not be entitled for these chqs.


Asked on 2/14/09, 11:10 am

6 Answers from Attorneys
pramod kumarojha advocatepramodkumarojha

Re: summons by court under sec 138

through the contents of the problem it is difficult to suggest you according to law

Read more
Answered on 2/14/09, 12:47 pm
Vishwa Arya Arya & Co.

Re: summons by court under sec 138

In my opinion, you seem to have a defense. However, it need to be further explored with the facts in complaint.

Read more
Answered on 2/14/09, 1:08 pm
Pranav Desai PD Legal & Associates

Re: summons by court under sec 138

Please note that you may have to contest the matter till the judgment is pronounced by the court to achieve success based on the document you are holding.

Read more
Answered on 2/14/09, 1:30 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: summons by court under sec 138

taking above defence you can contest the case.

Read more
Answered on 2/17/09, 1:09 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: summons by court under sec 138

You may want to engage a local counsel for representing you in the court, though you may have a very good defence.

Read more
Answered on 2/14/09, 7:54 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: summons by court under sec 138

Defence can be considered by trial court at appropriate stage.

If there is no prima facie case, you can consider approaching superior courts for quashing.

Read more
Answered on 2/15/09, 1:02 am


Related Questions & Answers

More Criminal Law questions and answers in India