138 cheque
Sathish
(Querist) 24 October 2014
This query is : Resolved
Dear Sir, I am Sathish from Bangalore I have issued a cheque to one of my debtor in police station. but i am not able to arrange for the money, i need some more time. but the debtor is insisting to deposit the cheque and the police is also calling me to make the payment. i want to know how can i handle this situation. i have no intention on cheating but i need some more time. Can you please help me out
Thanks and regards Sathish
Sudhir Kumar, Advocate
(Expert) 24 October 2014
I believe you have signed the cheque.
What happened you had to sign cheque in Thana.
Please give full facts.
Sathish
(Querist) 24 October 2014
Sorry Sir, I had borrowed money from this person for a business purpose only through mutual understanding nothing in writings.. but it did not go well. he asked the money back and started harassing me and threatening to murder me. so i filed a complaint in the commissioner office about this and was directed to the local police station to settle this. the Sub Inspector at the station called both the parties and asked me to give post dated cheques to settle the amount within 3 Months so that the debtor would not come to my workplace or home. but the fact is i am not able to arrange the money on the specified date. and yes sir i did sign the cheque at the station, the debtor has not yet deposited the cheque but instead is going to the police station and asking the sub inspector to call me and ask money. though i am talking to the the debtor in person and requesting some more time he still wants me to come to the police station.
Sudhir Kumar, Advocate
(Expert) 24 October 2014
you should not have signed the cheque.
you r friend has probably not agreeing to the idea that
रखना बजुर्गों का यह कौल सीख
पहले दे उधार फिर मांग भीख
So unfortunately you have to refund the money.
Sudhir Kumar, Advocate
(Expert) 24 October 2014
your signing of cheque doe snot absolve your friend's of the criminal liability of threatening doe snot extinguish with you signed a cheque. Police has actually rewarded him for the crime.
Sathish
(Querist) 24 October 2014
Sir i am going to pay the money back but i need some more time as my earnings are low right now... but i dont know how to take this forward.
Sathish
(Querist) 24 October 2014
the police did not even warn him for threatening me or my family. the just called us and asked to settle the money within 3 months and asked to give posted dated cheques and gave to him. and took a written statement from me to take legal action if not paid on the specified date.
Devajyoti Barman
(Expert) 25 October 2014
You are getting 3 months time and you can extend the same by requesting your friend. Since you are willing to return the money, I believe your friend would accommodate some time.
P. Venu
(Expert) 25 October 2014
Any how, police have no powers or locus standi in the matter.
V R SHROFF
(Expert) 25 October 2014
Any cheque issued under pressure of Police is no delivery; not binding on you.
Cheque was not issued voluntarily or willingly.
Police will be in trouble.
issue notice before he present it in bank , and ask to return it .
Sudhir Kumar, Advocate
(Expert) 25 October 2014
agreeing with Mr Venu and Mr Shroff I will add that the police officer has helped the accused.
You went there with complaint of threatening for life and the policeman on the contrary facilitated the offender.
You should escalate your complaint to higher officer and to the Ilaqa Magistrate.
Your friend must of made to pay heavily for having helped you in crisis.
Sathish
(Querist) 25 October 2014
Hi Sudhir Sir,
First thing he gave the money as an investment in my company and also has taken 25k monthly as profit amount for the 3Lkhs he gave.
Second: i am sure he has given some bribe to the police as they are supporting him..
best part is i have seen lot of people when in financial crisis. some abscond, some commit suicide.. but rare people like me trying to come out of it and promising to pay them back..and still i don know why people don't support us..
ajay sethi
(Expert) 26 October 2014
if you dont pay at most drawee will deposit cheque in bank . on cheque being dishonoured he will file cheque bouncing case .
cheque bouncing cases take 5 years to be disposed of . you can always make an application for compounding with consent of complainant and pay money later
Sathish
(Querist) 26 October 2014
Ajay Sir,
What should be the first step i should do after he files a cheque bounce case. do i have to go the police station if called or is there something i should be ready with the an advocate's help. and please do refer if you know any lawyer in Bangalore whom i can talk with and get help.
Thanks
ajay sethi
(Expert) 26 October 2014
before filing of cheque bouncing case legal notice will be issued to you . contact a local lawyer and reply to legal notice . once case is filed in magistrate court you have to appear in court . in case police call you then you can take the plea that it is civil dispute between parties .
search in LCI data base of lawyers in Bangalore
Rajendra K Goyal
(Expert) 26 October 2014
Send notice not to present the cheque as it was issued in pressure from police.
Reply the notice accordingly if received for bouncing of the cheque.
If case start and you become in a position to pay, prey for compounding.
Sudhir Kumar, Advocate
(Expert) 26 October 2014
if cheuqe bouncing case is filed then you will no doubt get bail but to avoid going to jail you will have to (i) refund money (ii) beg his mercy (iii) beg court's mercy
SO better act as advised by Mr Sethi and Mr Goyal.
T. Kalaiselvan, Advocate
(Expert) 27 October 2014
Well advised by expert Mr. Rajendra K Goyal. You may follow the valuable advises rendered by all the experts above.
Sathish
(Querist) 27 October 2014
A lot of thanks to each and everyone, will certainly consider all the aspects and proceed.
will reply if i need any further help. once again thanks to all
Thanks and regards
Sathish
