Legal Question in Criminal Law in India

Hello, The below is my in detail case:

I had issued cheques on behalf of my clients as i was a broker/financial consultant. The financer has taken 7 cheques and distributed in her family and the whole family has put 7 cheque bounce cases on me. They have also in the same year put multiple cheque bounce cases on my clients who. Here the Father and mother were further decreed in multiple cases in chennai and the settlement took place in 2016 the year they have bounced my security cheques and my clients cheques. They have put amounts like 75Lakhs cash and 2 of them show transaction from bank account which i used to withdraw and give the clients of their choice. 3 of these cases have been dismissed recently due to no presence of the complainants and they have gone abroad. 3 cases of the parents are running and we have made these cases as interlinked cases. 1 cash is of 75 lakhs where the father claims to have given it from 2014 onwards without any other promissary note or backing document. He doesn't show capacity to lend and was decreed in many cases himself and along with his wife. His income tax shows 0 and he has further put cases on my clients of 20-25-35 lakhs in the same year in the same court. His wife who was also decreed claims to have given me 9L and 7l and shows the transactions in 2015 which i withdrew to give the clients of her choice and i was merely a broker who took brokerage and left. She was also decreed in those cases and has also put cases on my clients in the same year in the same court for 25L-2L-2L. They were financers and have misused my cheques moreover from their evidence they have not been able to provide the dates on which they lend me the money no reason why they claimed i borrowed the money &sometimes; she said she withdrew& paid me sometimes she is stating she sent money to me and sometimes she states she gave me the money in 2013/2014 but transactions she shows of 2015 she also in her evidence has claimed that her husband was not an earning member of the family since 2008. She claims to have given me loan by taking OD Now my cheque was bounced in the year 2016 and so were my clients cheques and they settled their decree cases in the same year for half the amount ordered by the court. I have constantly contested that i was a broker/middleman and i have never taken any personal loan. They cheques were merely security cheques and was not given with regards to any liability. Moreover, the notice has not been served to me and all the shararas have gone unclaimed for that i have put my rental agreement as proof where there is a difference of 1 digit in the door number from what is stated on my rental agreement and what is on the shararas that went unclaimed. How do i stand in terms of my cases? I have throughout my cases contested that i was a broker the cheques were security cheques and that i have not received the notice. Infact i got a call form the police stating a warrant is issued only then did i know about the cases

Asked on 6/21/22, 1:05 pm

1 Answer from Attorneys

Rajiv Gupta +91 9811284735 KarVai Legal Solutions

I have gone through your query at length. Without going through all the complaints and plaints, your defense in this regard cannot be suggested. However, if you are a broker, then there should be some transactions of brokerage qua other clients that you can rely upon. Moreover, in a complaint under Negotiable Instruments Act, the onus to prove that the cheques were issued towards a legally enforceable debt or liability is also there.

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Answered on 6/24/22, 8:43 am

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