Resident of Gurgaon, my elderly father was cheated of life's savings by an unscrupulous share broker in Delhi affiliated to Sharekhan, who is avoiding paying back. Need advice on legal recourse, if any. more
Thanks again to everyone for the inputs. Could you advise if there is a time bar beyond which we cannot file a case for a bounced cheque? It is around three years now since it happened. more
Since yr father was cheated at Gurgaon , so he can file the case at Gurgaon itself. Bouncing of cheque is now a serious cognizable offence. Shivaji more
I know thats why I didnt advise to go to SEBI or NSE. As per your averment its case of cheating and criminal breach of trust. Its not necessary for your father to travel on daily basis to police station or court. You are the son so you can take power of attorney from your father to pursue the case with police as well to file a criminal complaint in the court of law. Document is needed to be seen and the events has to be summarised date wise for the purpose of limitations as may be the offence is recurring one or not. more
Many thanks to all respondents, your advice is much appreciated. We have already approached SEBI and NSE who have washed their hands of the matter and advised us to find a settlement out of court, which the broker will not do. The problem is exacerbated by tje fact that my father is an old and gullible man, who got misled into believing that this broker was a Sharekhan office, which was the case, however he was doing unauthorised transactions with my father's money in his own name and not under Sharekhan auspices. Sharekhan have also washed their hands off, saying they were not involved and don't have any responsibility. We have a letter signed by the broker saying he owes some part of the amount to my father, and we also have one bounced cheque. These are the only two pieces of "evidence" we can provide, as he did all the trandactions without any documentation. However The case is now over 4 years old. We could file a police complaint as advised by your eminent selves but the relevant police station is Nehru Place and my father, who is 90 yrs now, lives in Gurgaon, and he says it is beyond him to be commuting repeatedly to Nehru Place, which I'm sure it will require him to do. As such I'm at a loss if anything can be done now. more
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