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SMy questions are still the same.
If the answer is “no” then yup your lawyer might be right. You may have to settle this.
SI’m sorry if will need some more info.Do you have any written communication between your father and the chit fund guy about the purpose of the cheque?
At any point did your father ask in writing for the cheque back?
At any point did your father ask in writing for his cheque back?
So technically what the courts say is that a cheque is a promise to pay and the fact that your closed your company or your bank account doesn’t make the promise null and void.
But in your particular case the liability is personal and this was, I’m assuming, as security.
And the fact that your account closed over 7 years ago makes this a little shady and difficult to prove that this was a legitimate payment.SPhysically go to your bank. Meet the manager and give a written request letter for getting proof of account closure with the sign and stamp of the bank and get a receiving copy of such a written request letter.SYup, they are in the wrong. The judge will scold the applicant here. Literally.Strongly recommend getting a second opinion from another lawyer. Your lawyer seems to be mixed up witb the other party.
SYou should respond tot he legal notice stating that you look forward to meeting them in court.And wait till your hearing to be able to present your fact through bank notified documentation.
The court will apply cost (penalty) on the other guy.SCan you confirm when your account closed and what date was mentioned on the cheque?You will need a lawyer.
SThat’s still causing death by negligence. Penalty used to be upto 7 years in prison and a fine. Not sure about current bns punishmentSThe cops will take some documents and only then will the verification happen.Once you give the cops the paper you got from the passport center. In my experience with getting my own and family members passport done through tatkal I have had to bribe with 500 rupees every time and they have done a favorable verification the same day.
SFeom my understanding he will be charged with the following –
1) causing death by negligence
2) rash driving
3) over speedingI think this can collectively get him upto a maximum of 15 years of imprisonment and fine.
Depending on his age, previous traffic violations or other criminal activity his sentence may be shortened or may be 10-15 years with a provision for early release based on his character.
The car insurance will pay for damages to the people who lost their lives.
There is additional layer of the law that 2 people who were hit with the vehicle were on a two wheeler and did not wear a helmet so the insurance company may be able to argue regarding the payout.
SThis sucks man. Raise a complaint with cyber cell right away.Chances of money recovery in such cases are slim as you willingly gave the money up. According to the law – “You had the chance to say no at point, you were not forced “
