how strict cheque bounce case Section 138 in India ?

The Issue

My side story and cheque bounce case experience with accused, mental trauma faced bu my family.

Soma Shekar (S/O Narayanappa)  flat address “Sapthagiri Splendour, SD904, Bngalore, 560076”, Office address “I-SPY Investigation & Security Services, No. 671, 1st Floor, 17th Cross, J P Nagar 6th Phase, Bengaluru – 560078” (Now closed after lawyer notice).

We know him through my own aunt daughter; he and this lady planned and took money from us to cheat and not returned from 4-5years. For all this years, he and this lady told all kind of story and pushed the returned date (all proof like chat, phone records etc., available), so we had to pay all bank interest and still paying just to avoid impact on our CIBIL score. But when my bother marriage was only 15 days left in Oct 2018, we had no other option then giving police complaint against them. Finally he called and gives post-dated cheque for 31-Jan-2019.

It has been 7months since cheque bounced, not even once he appeared in court. Which leads to question how effective is our legal system in cheque bounce case? Is this same situation in all other countries?

Harassment or Game played for lawyer notice.

  • We send lawyer notice to above 2 address, Lady  returned the notice saying she is tenant of flat “Sapthagiri Splendour, SD904”
  • Receptionist from office address returned notice saying our boss is not regular to office.

Our action to lawyer notice problem

  • We came to know, lawyer notice can be sent through electronic media, so notice was send in Whatsapp, e-mail.
  • Since he had no choice, he acknowledges the lawyer notice.
  • But he neither payed the money nor gives response to notice.

Harassment or Game played after lawyer notice.

  • After lawyer notice he closed his office in JP Nagar and plans to play owner/tenant game for his own flat with this lady.

Harassment or Game played for court summons.

  • Again this Lady returned the summons saying she is tenant of flat “Sapthagiri Splendour, SD904”

Our action to summons problem

  • We had to send summons through “Sapthagiri Splendour, SD904” jurisdiction police station and with the help of police notice served to him.
  • Search his father’s address “# 40/1 3rd MAIN, APPAYA GARDEN, ULSOOR, JOGUPALYA", again with the help of police notice served to him.

Harassment or Game played during trail

  • He is asking for 205 court plea (excuse for not attending the court)
  • Funny part is even though accused had not even attended the court once, accused plea will get approved in court and new date will be given for accused to appear.

So you can understand how difficult and not so effective, outdated system loop holes we have. Cannot imagine how difficulty if genuine disabled, age person has to fight with this system.

Mental trauma faced by our family

  • Mom – she fracture her leg during marriage invitation distribution in Sep 2018 (Photo attached above), she was bed rested not able to walk in my brother marriage. Even during that critical emergency situation this shameless ppl not returned our money.
  • Father – He had to withdraw all his life earning during marriage.
  • Me & my brother – Had to pay and still paying loan interests 29k - 30k every month and its growing.

With the current system below question keeps killing me,

1.    With this kind of system how can we expect genuine cases to be closed quickly?

2.    Is it that difficult to have a fair trial quickly?

3.    Why we have to hear, yours is not the only case, There are lakhs of cases are pending in India and do nothing about it to change

4.    Is this the reason people want to avoid court and take offline action?

5.    Is this the reason for increase in crime?

6.    Is this the fact that nothing can be changed in our system?

7.    If we cannot handle the pending cases, why cannot we outsource?

Once I was told by wise man only poor, middle class people will afraid of Indian law, other just play with the loop hole in our system.

Writing this petition and request your help to provide sufficient amount of signature, so I can ask for system change to our honorable leaders Yediyurappa (chief minister), Amit Shah (Minister of Home Affairs), Narendra Modi (prime minister of India).

I believe in 'nothing can be achieved without a try, but with a try something will change for sure'. Change in this kind of law will give confidence to people of our country to trust the system.

 

 

 

 

 

 

 

 

 

 

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Guru KoushikPetition Starter
This petition had 193 supporters

The Issue

My side story and cheque bounce case experience with accused, mental trauma faced bu my family.

Soma Shekar (S/O Narayanappa)  flat address “Sapthagiri Splendour, SD904, Bngalore, 560076”, Office address “I-SPY Investigation & Security Services, No. 671, 1st Floor, 17th Cross, J P Nagar 6th Phase, Bengaluru – 560078” (Now closed after lawyer notice).

We know him through my own aunt daughter; he and this lady planned and took money from us to cheat and not returned from 4-5years. For all this years, he and this lady told all kind of story and pushed the returned date (all proof like chat, phone records etc., available), so we had to pay all bank interest and still paying just to avoid impact on our CIBIL score. But when my bother marriage was only 15 days left in Oct 2018, we had no other option then giving police complaint against them. Finally he called and gives post-dated cheque for 31-Jan-2019.

It has been 7months since cheque bounced, not even once he appeared in court. Which leads to question how effective is our legal system in cheque bounce case? Is this same situation in all other countries?

Harassment or Game played for lawyer notice.

  • We send lawyer notice to above 2 address, Lady  returned the notice saying she is tenant of flat “Sapthagiri Splendour, SD904”
  • Receptionist from office address returned notice saying our boss is not regular to office.

Our action to lawyer notice problem

  • We came to know, lawyer notice can be sent through electronic media, so notice was send in Whatsapp, e-mail.
  • Since he had no choice, he acknowledges the lawyer notice.
  • But he neither payed the money nor gives response to notice.

Harassment or Game played after lawyer notice.

  • After lawyer notice he closed his office in JP Nagar and plans to play owner/tenant game for his own flat with this lady.

Harassment or Game played for court summons.

  • Again this Lady returned the summons saying she is tenant of flat “Sapthagiri Splendour, SD904”

Our action to summons problem

  • We had to send summons through “Sapthagiri Splendour, SD904” jurisdiction police station and with the help of police notice served to him.
  • Search his father’s address “# 40/1 3rd MAIN, APPAYA GARDEN, ULSOOR, JOGUPALYA", again with the help of police notice served to him.

Harassment or Game played during trail

  • He is asking for 205 court plea (excuse for not attending the court)
  • Funny part is even though accused had not even attended the court once, accused plea will get approved in court and new date will be given for accused to appear.

So you can understand how difficult and not so effective, outdated system loop holes we have. Cannot imagine how difficulty if genuine disabled, age person has to fight with this system.

Mental trauma faced by our family

  • Mom – she fracture her leg during marriage invitation distribution in Sep 2018 (Photo attached above), she was bed rested not able to walk in my brother marriage. Even during that critical emergency situation this shameless ppl not returned our money.
  • Father – He had to withdraw all his life earning during marriage.
  • Me & my brother – Had to pay and still paying loan interests 29k - 30k every month and its growing.

With the current system below question keeps killing me,

1.    With this kind of system how can we expect genuine cases to be closed quickly?

2.    Is it that difficult to have a fair trial quickly?

3.    Why we have to hear, yours is not the only case, There are lakhs of cases are pending in India and do nothing about it to change

4.    Is this the reason people want to avoid court and take offline action?

5.    Is this the reason for increase in crime?

6.    Is this the fact that nothing can be changed in our system?

7.    If we cannot handle the pending cases, why cannot we outsource?

Once I was told by wise man only poor, middle class people will afraid of Indian law, other just play with the loop hole in our system.

Writing this petition and request your help to provide sufficient amount of signature, so I can ask for system change to our honorable leaders Yediyurappa (chief minister), Amit Shah (Minister of Home Affairs), Narendra Modi (prime minister of India).

I believe in 'nothing can be achieved without a try, but with a try something will change for sure'. Change in this kind of law will give confidence to people of our country to trust the system.

 

 

 

 

 

 

 

 

 

 

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Guru KoushikPetition Starter

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Petition created on 23 August 2019