My son has given blank under signed cheque leaves to a few from whom he got the loan.Now he lost his business and lost lot of money.Now all the prople who has the cheques are filing a case in court against him with double or triple the amount than what he actually borrowed.( if he has got Rs.25,000, they are depositing cheque with 50,000 and once it is dis-honoured then they file the case).I do not know how to tackle this situation legally?? pls HELP
2006-11-28 23:24:17 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Do the easiest thing which is to let them sue in court for the amounts owed.
The creditors are filling in the cheques with larger amounts so that they can sue for larger amounts, hoping that the cheques will be proof that the amount is owed.
The burden of proof is on the creditors. If someone goes to court he must prove that your son actually owes the money that he's being sued for. While a cheque can be viewed as a form of proof, the fact is that the number amount filled in the cheque isn't in your son's handwriting and therefore the cheque loses it's value as proof.
The original loan agreement will have to be provided to the court, and that will have the correct amounts on it.
2006-11-28 23:34:19 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Take a lawyer.
What do you mean by "under signed cheque leaves"?.
Do you mean Unsigned or without signature?. If so counter sue for copying the signature without permission or authorisation.
If the cheque is in his name(a Personal or his solely owned business), you are not involved, if he is not a minor(below certain age)help him at arms lenght only, this will protect you legally you should have nothing to do with it.
He must go to court with his "lawyer only" and a "Hand writing expert".
I am hoping that there is an honest person with correct amount, and tell his story that agrees with your son's story.
Lawyer should combine all cases, combine in one trial with individual verdicts so he can build the case that all hand writings are different.
Since you already said he gave the cheque it is a fact and do not let, lawyer make him lie, this is on Internet now. Only thing in question is amount of loan.
If it was a limited company properly registered, then lawyer will explain what his total liability is. He is not personally liable.
A good lawyer will try and settle out of court for the amount + interest only + penalty if any by agreement. The fact is he did take loan, you said "what he actually borrowed".
2006-11-29 07:53:16 · answer #2 · answered by minootoo 7 · 0⤊ 0⤋
see u have to challenge all those cheques before the trial or adjucating court and u have to appear before the court and ask to the complainants lawyer or to the judge to file statements of account in respect of alleged cheques.
2006-11-29 07:46:09 · answer #3 · answered by Pinaki D 1 · 0⤊ 0⤋
Let your son go to JAIL.
He is worth of it !
Even the people fill half of what they deserve, will be a CASE against your son.
2006-11-29 07:27:48 · answer #4 · answered by Anonymous · 0⤊ 0⤋