Cheque bounce given for investment

Querist : Anonymous (Querist) 21 June 2019 This query is : Resolved
Can I file a case against an individual who took money by cheque 5 lakhs for investment purpose and promised great returns 80% and gave me cheque 9 lakhs (post dated)

Now when the time of payment comes she kept delay8ng and finally cheque bounced.

Now she says she can only pay me back my 5 lakhs after 1 year
The amount payable as per the documents in 9 lakhs( which she took for investing)

I have call records messages and investment notes on her letter heads plus post dated cheques of 9 lakhs

Can section 138 be applied

I had paid 5 lakhs by cheque and recvd 9 lakh as post dated cheque

Can section 420 be applied

What option do I have

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KISHAN DUTT KALASKAR (Expert) 21 June 2019
Dear Sir,
You can immediately file cheque bounce case and recently as per amendment the accused has to deposit 20% of the face value of the cheque and you will get your case disposed within 12 months.

Please mark “LIKE” if satisfied by my answer.

SHIRISH PAWAR, 7738990900 (Expert) 21 June 2019
If you deposit cheque and cheques gets bounced in that case you can file complaint u/s. 138 and you can file separate complaint u/s. 420.

Sudhir Kumar, Advocate (Expert) 21 June 2019
yes you can.

Dr J C Vashista (Expert) 22 June 2019
Whether there is any duly executed and registered agreement for payment of 80% return on investment?
Prima facie it is an unbelievable statement made by an "anonymous" author.
You should consult a local prudent lawyer for better appreciation of facts/records, guidance and proceeding.
However, if you are located in Delhi and feel so, may contact me (on appointment) with records at:
Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, New Delhi-110075
Cell # +91-98911-52939 email: majjagdish@yahoo.com, website: vakil-saab.com