Cheating case U/s420
VEENA
(Querist) 13 August 2017
This query is : Resolved
I was asked by person to transfer an amount of Rs 15000 which was my fees.He signed the debit voucher and I presented that voucher to bank and Rs 15000 were transfered to my a/c.At the date of transferring money he was in jail.now he is blackmailing that I will file a case under section 420 that you forged my signature.he has not given any complaint but I transferred that amount back to his account before he could complain.kindly suggest me how to handle that person who is black mailing me
Sudhir Kumar, Advocate
(Expert) 13 August 2017
whether he was in jail at the time of transfer voucher or he was in jail at the time f its execution.
Advocate M.Bhadra
(Expert) 13 August 2017
There is no precautionary measures to avoid a criminal case, if there is any thing wrong then he has right to file a case.If there is any apprehension for filing false cases then you can send information cum complaint to the local police and Commissioner of Police regarding your apprehensions and the behaviour of the opposite party, it may be useful at the time of filing the false case and defend the case. Otherwise ignore the matter for a sum of Rs.15000/-.
VEENA
(Querist) 13 August 2017
he was in jail when the tranfer of money happened.
VEENA
(Querist) 13 August 2017
he was in jail when the tranfer of money happened.
Guest
(Expert) 13 August 2017
If at all genuineness is on your side you would not have re transferred or returned the amount
Guest
(Expert) 13 August 2017
Any person signing the cheque or voucher as you say need not be there when you present it and he could be any where.
Advocate Suneel Moudgil
(Expert) 13 August 2017
how you get his signature on voucher? whether he was out of jail at the time of signing the voucher or you visited jail to get his signs on voucher?
VEENA
(Querist) 13 August 2017
He has signed 2 vouchers before going to jail.this whole episode of transfering money and returning money back happened during the period he was in jail.now he is out of jail and he has withdrawn 15000 from bank account.the party was creating a drama in the bank.so bank asked me to return that money because his son was creating drama in the bank.
P. Venu
(Expert) 13 August 2017
First of all, why did you return back the money if the transaction was genuine? How is that he owes a fees to you?
Kumar Doab
(Expert) 13 August 2017
Does bank/banker allow debit voucher to be presented by anyone other than a/c holder?
Do you have evidence of claim of fee?
Kumar Doab
(Expert) 13 August 2017
What ruckus was created by a/c holder or his son in bank due to which Bank/banker pushed to deposit the money back in a/c?
Are you, yourself a a lawyer?
VEENA
(Querist) 13 August 2017
If i would have been lawyer.i wouldnt have taken legal advices from esteemed lawyers like you
VEENA
(Querist) 13 August 2017
I just wanted to know whether the party can file case against section 420 even when I have returned money back before their complaint to bank or police?If yes then what should I do.
Advocate Suneel Moudgil
(Expert) 13 August 2017
state complete and material facts only then you will get proper reply from experts.
Advocate Suneel Moudgil
(Expert) 13 August 2017
"forged signature" is different than returning money back, if you don't signed you need not to worry at all
Kumar Doab
(Expert) 13 August 2017
The limited understanding that can be attained from your posts is that you have returned the amount and the person can claim interest on it.............that might be peanuts...
Rajendra K Goyal
(Expert) 13 August 2017
If the money was transferred on the basis of forged signatures, Bank is equally responsible.
If the signatures were genuine, such mandate can be given in advance.
VEENA
(Querist) 13 August 2017
I have transferred money back to his account.He did signed in front of me.If suppose he files a fir, will police first investigate or will they arrest ?
Adv. Yogen Kakade
(Expert) 14 August 2017
As you have mentioned that he is threatening you and asking for money. And there is no fault from your side in the said transaction, then rather than he filing a complaint, you file a police complaint against him.
Kumar Doab
(Expert) 14 August 2017
You have deposited the amount and he has withdrawn it from his a/c, as posted by you.
So what is the residual issue now!
VEENA
(Querist) 14 August 2017
he is saying that without my permission how can u withdraw money.he is saying i sidny sign that voucher
Rajendra K Goyal
(Expert) 14 August 2017
Money was transferred by the Bank, not by you. Bank has acted on his instructions in writing. seems no irregularity.
Kumar Doab
(Expert) 14 August 2017
He signed in your presence.
His signature were checked, verified and accepted by bank/banker.............and bank acted upon his instructions...
His threats seem to be hollow.
Kumar Doab
(Expert) 14 August 2017
Now would you post which FEE you had to collect from him?
Dr J C Vashista
(Expert) 15 August 2017
Very well analysed by expert Mr. Suneel Moudgil, I fully agree with him for this hypothetical topic for debate, which is based on concocted and fabricated facts wherein the author (Veena) is unsure.
If there is some iota of truth in the story consult a local lawyer with true and clear facts and circumstances of the case, however, no case is made out from the given facts, just relax, wait and watch for next step.
