Legal Question in Criminal Law in India

Re: Time Bar Indeminity bond

You can not be made a party u/s 138/420. After 4 years the limitation has passed so no civil proceeding lie against you.

Re: Time Bar Indeminity bond

Since, you did not issue the cheque, a charge under Section 138 (Negotiable Instruments Act) will not stand against you.

To prove the ingredients of cheating (Section 420 IPC), the complainant has to prove that you had the INTENTION of cheating him, AT THE TIME YOU SIGNED AND DELIVERED the indemnity bond... often, it is quite difficult to prove the intention of a person to cheat, at a particular point of time. If such intention is not proved, the charge under Sec 420 will not stand.

The civil liability on the basis of a bond generally depends the averments made in such said bond. If the demand was communicated to you on 3rd December 2001, the limitation period for filing a civil Court will expire atleast on 2nd December 2004. If a civil suit is filed after that date, you can successfully defend yourself by raising the issue of limitation.

Re: Time Bar Indeminity bond

A case under Section 138 of the NI Act, under the Cheque can be filed against the Drawer of the Cheque, (in this case your son) only, and as as you are in no way connected to the negotiable instrument, you can apply to the Criminal court to have yourself discharged from this case itself. Even if you are a joint account holder, of the bank account you cannot be held jointly liablity under Section 138. As this is a time barred matter, if there is a posiablity if any part of the cheque has been altered or amended or even revalidated, then no action under Section 138 will lie. If your son can also establish by some other documents or indrect or circumstaintial evidence the fact of the repalyment of the loan also they you can be absolved of liablity.

As the matter is time bound, there can be no civil proceedings for recovery. An interesting point arises here, that any cheque has to be for the payment of the Lawfully payable Debt, if you can establish that the cheque discharges a debt that is no longer lawfully payable due to the civil law of limitation then your son can be discharged also, (but there is some conflict of the HC's on this point).

If you require get in touch with me with furthur details and I will be happy to advice you further.