Dev (owner) 04 June 2014

Cheque bounce

hello,

me and one of my friend was doing business and he gives me money on interest , i took 15 lacs and retrurned 15 lacs ( both docs are noterised ) and he has some security cheques and at last transaction of paying back he told me chq was misplaced as a friendly i didnt mind it was 2 lacs post dated chq, suddenly he bounced my chq i made stop payment but now he filed a case of section 138..

i have to pay him if he bounce chq ( in complain he said just friendly money given to me ) but it was security chq filled by me on his name and signed by me pdc for earlier 15 lacs transaction ,

he is not working and not paying any income tax .

i paid him 15 lacs ( that is govt notery paper 100 rs stamp) still he asked more to pay is there any way to stop

plz help

take care

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3 Replies

Sunil S Nair (lawyer) 04 June 2014

Did he send you a legal notice if yes then state all the facts in it and reply,,,,,,,, who filled in dates in the cheques that was bounced if by him you can prove it by handwriting expert, and when was stop payment issued to bank by you if before presentation of cheque and you had that much amount in the bank then need not worry,,,,,,,,,,,,Reply him through legal notice but yet to determine whether this case falls under 138,,, according to your query 138 does not fall on this ground see a local lawyer for your own good

G. Y. Sharma (Advocate) 08 June 2014

Dear Mr. Sunil,

I am not able to understand the meaning of " ( in complain he said just friendly money given to me )". Does he mean that he paid the amount to you towards hand loan or that the amount was given through the cheque by you towards payment of loan to your friend or else that it is a gratutous payment. Have you got replied the Legal Notice which was issued by your opponent? What are its contents?

Let us know accordingly.

G. YADAGIRI SHARMA,

M. Com., LL.M.,

G. AMRUTHA KUMARI,

M. Com., LL.M.,

ADVOCATES

H. No. 2-1-178/1, 100 Feet Road

Vidyaranyapuri, Hanumakonda.

WARANGAL DISTRICT – 506 001

: 98 493 45 755 – : 99 66 45 66 85

gysharmaadv@gmail.com

G. Y. Sharma (Advocate) 08 June 2014

Dear Mr. Dev,

I am sorry. I mentioned in my earlier opinion addressing your name as sunil by oversight. Kindly read it as Mr. Dev. I also convey my regrets to my colleague in this regad and to bear with me by taking a lenient view.

Thank you once again.

G. YADAGIRI SHARMA,

M. Com., LL.M.,

G. AMRUTHA KUMARI,

M. Com., LL.M.,

ADVOCATES

H. No. 2-1-178/1, 100 Feet Road

Vidyaranyapuri, Hanumakonda.

WARANGAL DISTRICT – 506 001

: 98 493 45 755 – : 99 66 45 66 85

gysharmaadv@gmail.com