AboutJaved Razack Expertise If you have any question on Indian Laws concerning Civil disputes on property, recovery or any other contractual obligation, Criminal disputes on Indian Penal Code, Negotiable Instruments Act, Company matters, Income Tax, Arbitration, Family and matrimonial issues, please ask me.
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Expert: Javed Razack Date: 4/1/2008 Subject: Party claiming amount based on cheque written
Question Hello Sir,
My brother died 7 years ago. After the death of my brother, one of his friend put case against my father that my brother issued cheque amount Rs.2 Lakh to him. The check issue date was 10-2-2001. My brother died in accident on 7/8/2001. The party claimed that my brother taken loan from him, money used for sister marriage.
Now my father recieved judgement that, my father lost the case and judge ordered that pay amount to the party.
We have few questions.
1. The party do not have any proof other than the cheque.
2. My father does not know that money is taken from him.
We're confused, is this correct judgement? Please answer.
I appreciate your help.
Answer Hello Viswanath,
The lawyer your father engaged in the matter should have been careful in taking the plea and defense that your brother never owed any amount to his friend nor your father is liable for payment of the amount covered under the cheque.
Now that your father has suffered a Judgment, the only course to be adopted is to prefer an appeal before the Appellate Court and try your luck to get the judgment and decree set aside. A good senior lawyer on civil matters will be able to guide and assist your father in this case.
The grounds that you state in 1 & 2 should have been the plea and defense in the case before the lower court and the same stand can be pressed before the appellate court. The lawyer should be thoroughly knowledgeable on money suits and the twist and turns including the technical grounds that can be taken have to be pressed into service before the appellate court.
The correctness of the judgment can be challenged before the appellate court and once it is set aside, then it can be said that there was no judgment against your father towards the recovery of the amount from him.
