- This topic has 24 replies, 10 voices, and was last updated 1 year, 3 months ago by
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PThis is my first legal advice on reddit. I have no other option left. Few years ago my mother was scammed by Bank RM, she periodically kept withdrawing cash in her name by forging her signature on cheque. We then filed police complaint, after which she was arrested for 2 months and finally agreed to pay us the money back by cheque. The cheques obviously bounced so we filed S 138. The proceedings began in 2022 till now there is no progress or outcome whatsoever. We changed a lawyer because our previous lawyer was double crossing us. Initially the judge was on leave for months together, then the judge changed, had to go through training, after which the new judge was also on leave for months together. We have also filed criminal matter which is going on since 4 years as well. As you can guess, no progress. Is there anything else that can be done now? Or should we give up on this? The amount is more than 14 lakhs.
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UThank you for replying. It was my lawyer at one point in time. He was asking is to pay hefty amounts in cash “to deal with the police.” Never showed up on dates even if judge was present, and later we found out that he was making deals with the accused.
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PTalk to IO for your case. Offer him some portion from recovered cash and then see the impact. Not a legal way but it works.
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CI am unclear on the exact details, but you shouldn’t have withdrawn the criminals complaint before receiving the stolen money in full.
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PYou did not seek reimbursement from the bank for the RMs frauds?..This is the first thing you should have done
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UThank you for replying. We have filed consumer case, which is also still going on without any fruitful outcome.
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UThey did. They offered us out of court settlement. It’s a very long story. My advocate told me to delay the matter because he thinks the bank won’t pay. Additionally he wants to use judgment from criminal court to make the consumer case “strong.”
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PThat does not make sense. Criminal part is considered a crime against society..that is why the prosecution fights on your behalf. If you want money now and bank is willing to compensate you for lossand say pay you some interest also then no point .ask them to reimburse your legal coat also of need be . Consumer Court will take nearly 1.5 years to dispose off your complaint.
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UOh God. This could mean my lawyer doesn’t want me to settle with the bank. He probably thinks that if I settle then I won’t be pursuing the civil matters anymore. He seems to be taking advantage of my lack of knowledge. Thanks for the advice. Do banks usually compensate the full amount though?
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PWhen i was in a bank, we had a situatikn wherein our customer lost ₹16lacs due to debit card being skimmed. We paid out the money lost plus savings bank interest and legal expenses as part of settlement in court.
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UThank you. Now since we made the huge mistake by delaying the consumer court matter by taking multiple dates, and not replying to offer for out of court settlement, do we still have chances of winning the case?
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ANotice has been framed in the matter, pre summoning evidence has been filed, is she appearing on each and every hearing?
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UThank you for replying. All that was done in 2022 itself. Notice was sent, Evidence has been filed, summons issued long ago. When the hearings finally began she was absent for 1 date so the summons was issued again. Then for multiple dates she appeared without lawyer, after which we appealed for 20% recovery on those grounds, won the appeal, court issued order for her to pay up. She didn’t obviously. She then applied for transfer to different court which was rejected, after which judge was on leave, after which the judge was changed, after which the new judge was on training and then there was vacation, and then the new judge went on leave. The accused then applied for no cross order (which is stupid, but I guess she was trying to pass the time), we sent a reply that it cannot proceed without cross, judge accepted the reply and in the most recent date she again came without lawyer, hence was fined for wasting time, and the judge has said that in the next date they will proceed with the matter whatsoever. That’s a short summary of what happened in 3 years.
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My main concern and question is: Does 138 matter really take this much time? Is this common or there is something fishy with my lawyer?
Accused strangely has a very confident demeanor inside the criminal court. While requesting for next date, she started verbally abusing my mother and me INSIDE the criminal court. Where does this kind of confidence come from, here my concern is if PP is involved in supporting her?
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