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NI act on Blind person....................................


09-Jan-2023 (In Cheque Bounce Law)
My father is 69yrs old and lost his eyesight 4 yrs ago to Glaucoma.He is totally blind. He left his account books some other documents in his office after he went blind.There was a chequebook, account of which was dormant from 2012. He never used the account since. Our neighbour used to use our toilets evey now and then. We never mind about that. Last week, we recieved a notice from our neighbour that we owe him 2.5 lacs and a cheque was sent back from his bank with note "non cts cheque". Now he has sued my father under NI act. My father does not even remember when he left a cheque with his signature on it. The date that was put on the Cheque is two weeks back. The nighbour is claiming that my father have him cheque two weeks ago but my father never gave it. My questions- What should be our first step to counter this fake case? Does he have to furnish a bail bond in court? Does he have to go on every court date? As it is a fake case can we do a counter case of 420 or not?
Answers (3)

Answer #1
805 votes
Hi! Thanks for your query! 2.5 lacs is a big amount and the person who sued your father u/s 138 Ni act must show any written document in his favour or any other evidence which proves that for what services, your father gave him cheque. If he has just only cheque, then his case is weak but it depends and we can't comment without studying the case. Yes, You may file a complaint under section 420 ipc but it all depends upon available facts. Your father medical history will favour your case. Your father once he appears in the court, needs to furnish bail bond. Yes, Being an accused He will have to appear on every date except few exemptions, depends on the discretion of the court. You are requested to please please consult with all facts for specific legal remedy. Thanks!
Answer #2
993 votes
Dear queriest, for the defence to be taken in this present case your father has to appear before the trial court and have to furnish bail bonds. Thereafter you can give a written statement of defence you are going to take in the trial. Thereafter you can plead not guilty and claim for trial where you can rebut the presumption. Yes your father has to appear on every date of hearing. You can side aways file a seperate criminal case against your neighbours. You have the option to ask some questions on the relevant subject matter also..
Answer #3
872 votes
Your father has to furnish the bail bonds and you may apply for exemption of personal appearance of your father and your first step should be to file a complaint with the police for the fraud committed against you by your neighbour.

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