any lawyers plz help?

Question

my friend was running a small computer sales and service concern without any registration but he has an currnet a/c in bank..he has issued blank cheques and bonds with his sign and got credit from 3-4 persons..unfortunately he met with huge loss and could not re-pay the loan..

he has spoken to all creditors asking for time but nobody accepted and wanted money urgently..he finally vanished from his home town and working in another town for a low salary..

now all the creditors deposited the cheques with some double and trible the amount they actually owed him and now filing a case against him with dis-honoured cheques...

what should my friend do now ?
If he do not attend the case what will happen to him?Will court produce a arrest warrent? still if nobody locate him what will happen?

serious answers please

Answer 1

Yes now dishonored cheques is considered as a criminal offence amounting to cheating & can be punished under section 420 of Indian Penal Code with imprisonment & fine. The only defense he has before the court that amount filled in the cheques were not filled by him rather he signed only black cheques which were wrongly filled by these creditors with a wrong amount that was actually due to them. For this he must have proper account books/bills showing the actual amount of each of his creditors. If he does not attend case, the court will issue non bailable warrants against him. If he is unable to be located he will be declared as proclaimed offender & notice regarding this can be printed in the local as well national newspapers, or it can be given on the national or state television channels, this notice can also be circulated to all the police stations of the state too. The court has vast inherent powers to take all such steps if prayed to it by the victims of the offence. Best course left for him is to produce him before the court, pray his innocence as far the amount mentioned in the cheques, & if he is unable to give the actual amount to the creditors he can get himself declared as insolvent by the competent court.

Answer 2

It sounds like a civil court proceeding, so I don't see why it would bring any criminal charges. This is assuming your friend wasn't arrested for writing fraudulent checks.

I guess it depends on the amount of money that is owed and whether or not an illegal act was committed in the first place. If your friend was checking kiting (having 2 banks, and getting the money before the other bank clears it), then it can be filed as a criminal complaint from the bank.

I'd suggest getting a lawyer and not taking advice from Yahoo! Answers, as this seems to be a serious issue that can have life changing results. It sounds as either your friend is going to end up bankrupt or in criminal trouble. This question isn't for Yahoo! Answers.

Answer 3

The best solution is for your friend to hand himself in, face the judicial proces, accept what ever the court imposes, then he may apply for bankrupcy even if he has a criminal record and is in jail. Bankrupcy is hard but not as hard as being on the run looking over your shoulder for the next twenty years. This way his creditors will receive at least some of their money back. Good luck

Answer 4

Your friend has three choices.
1. Do nothing and accept judicial review.
2 Surrender and accept judicial review.
3. Join the French Foreign Legion, escape creditors,
earn dual citizenship so life can begin anew in France.

Answer 5

Your friend should first get a copy of the Negotiable Instruments Act and study it. The court will certainly issue a warrant if he does not appear. If your friend is not confident of handling the situation he should approach a good lawyer however expect to pay astronomical fees. Good luck.

Answer 6

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