Lax (PErsonal) 12 December 2013

False cheque bounce case

Hello

I am Lax, I am facing very serious issue with my immediate relatives. when my brother in law was in serious financial trouble, i arranged loan of 12 lacs from leading bank with my blank cheques as security.

after couple of years, I had disputes with him since he was not paying loan and it was huge amount.

he was cheating me that they there is no evidence that i took money and loan was on my name. Finally with the help of some relatives, my brother-in law paid loan but he did not return my cheques.

Now he filed cheque bounce for 20 lacs and all the money mentioned as hand loan.

I have one hundred rupees stamp paper saying that my brother-in law took money and security cheques from me for his personal need and will repay and return cheques.

this stamp paper dated " 2011-june-03 " and my brothen in law clearly mentioned that he will return money and cheques in weeks times.

he wantedly bounced same cheques after week of bond paper "2011-june-11"

he doesnt have any other evidence that he gave hand loan of 20 lacs to me.

I have bond paper and 12 lacs transfer to his account before this cheque bounce.

How can i get justice on this issue.

I am ready to pay any lawyer with good experience to tackle this kind of issues.

thank you

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2 Replies

Ajay Kumar Tiwari (Advocate) 13 December 2013

Hi Lax,

You need not panic. This can be handled. I can personally help you if you are in Delhi-NCR. We need to look at the bond you have and other documents. Anyway when he was taking loan he should have given you blank cheques. I am not able to understand as why you gave him the blank cheques. A concrete opinion can only be based on actual evidences.

T. Kalaiselvan, Advocate (Advocate) 13 December 2013

Nothing to panic. You have stated to possess evidence of given blank cheques to your brother in law during the year 2011, and he acknowledged the same,this will be sufficient to repudiate his demand notice & claim for repayment of hand loan. He has to prove among other things: 1) Why and how did he give you such a huge amount of Rs. 12 Lakhs by cash without any evidence ? As per Income Tax act, an amount above rs. 50,000/- need to be advanced only by an bank or any other form of financial instrument, 3) as per the evidence in your hand, the cheques were handed over to him for the purpose of security in the year 2011, the validity of cheque is only three months. These are samples of some major issues in a cheque bounce prosecution case, so do not worry, he has to overcome the said hurdles which appears to be impossible, so be free about it, consult a local lawyer.