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Varun (n/a)     27 November 2012

False cheque bounce case blackmailing

Hi. I have textile business (Hosiery Manufacturer) in Ludhiana, I usually sell hosiery goods to other cities, On e of my friend name Sumit used to provide me Hosiery goods material from market, everything was going good, but Nov 1, I was looking for some good quantity of hosiery material so my friend Summit introduce with his friend name Gaurav, he was ready to provide me that material in that quantity. But he asked me for advance payment, with the reffrence of Summit, I agree to give him advance payment ceques , I provide them 6 cheques for security or you can say advance payment cheques for my order. After one week he start delaying and excusing for my order, As summit was my good friend so I beleive him. I got an dishonour sms from bank that my cheque got failed, I call to Summit as well Gaurav, why the heck they are encashing my cheque, cos I haven't got any delevery yet. Summit told me that it was purely mistake by Gaurav, so he will retuerned  my cheque back asap.

After two or three days, I was fed up with calls to Sumit nd Gaurav, so I went to Gaurav home and ask for my cheques and cancelled my order, he said he misplaced the cheque in office, when ever he got them , he will return to me,  on same day evening, I call him on his number, he start blackmailing me and ask for 2 lackhs in favor of that cheques, I said why should I pay you as you was unable to provide my order, He threaten me to file a case of cheque bounced against me, I went to Bank Nov 19 and write an stop payment letter with cheque book lost application. Next day Gaurav start dishonouing my two cheques. 

Now my question, how can I defence from this blackmailing bounce case.

1.) There was no date on cheques with no payee name,. only digit amount and signature was there.

2.) One of my Cheque dishonoured for Insufficent fund.

3) Other two cheques bounced due to stop payment.

4.) There was no written deal no evidence that he provide me anything. 

5.) even sumit did fraud with me of12.4  lackh, as he always works on advance payment mode.

Now I am worried about Cheque bounced cases, My question is how can they file a case against me, without any evidence, don't they need to provide any evidence or any deleivery proof. 

Please point me in good direction as total amount of cheques is 18 lackh, Can I file a comaplaint against them, but I also do not have any evidence of deal. Please help me out :(

 

Sorry for my bad english

 

Regards

Varun



Learning

 13 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     27 November 2012

Varun, First of all you lodge Police Complaint that you lost cheque [as u stated to bank, u can't chg] , and that Gaurav now black mailing you, demanding 2L to return it. 

Issue notice to Gaurav that You atr threatening to file 138  case, you retutn my cheques, as u recd thru Sumit, who picked up from my shop.. That I never issued any chq to u. I hv no liability . 

Thereafter , if u recd 138 notice, you mention that sto payment was made, and u hv no liability, and return my all chq. 

 

It seems Sumit arranged to collect these chq thru Gaurav, as u must hv outstanding amt payable to Sumit, and u did not pay him.  

Varun (n/a)     27 November 2012

Thanks for your input sir, I do not have any outstanding payment, because they never provide me anything. It's purely blackmailing. They distribute my chqs to third party for missuse. I found two of my chq diahonored to unknown account. I wanna take action to Mr. Sumit who was mutual in between Gaurav and me. As they write their Payee name and amount figure in english by itself. They are also threating me. What kind of Action should be taken against them. Do they strong case just bcz of chqs?

CHEQUE BOUNCE (Accused in cheque bounce can be convicted and money be recovered .PROSECUTE PROPERLY. chequebounce1@gmail.com)     27 November 2012

Your story is can not be believed.

Police report as suggested by learned expert is a double edged sword. Once the police investigates the matter then bean will be out all over.

It can not be believed that you just simply gave dully signed cheques to an unknown person without any liability.

However even though the cheque law seems strict a proper defense advocate can get you out from it but not on the basis of your extremely false story.

Varun (n/a)     27 November 2012

I don't know how it seems false story as I mentioned it is clearly mentiones they were advance Payment chqs.. they suppose to deleiver me my oder but they didn't. Now they start blackmailing me.. I ask them if you provide me my order gimme deleviery copies or bills.. but they are trying to missuse chqs.

CHEQUE BOUNCE (Accused in cheque bounce can be convicted and money be recovered .PROSECUTE PROPERLY. chequebounce1@gmail.com)     27 November 2012

You are contrdicting your own story.

 

You say that cheques were given for supply of goods so you the cheques are not stolen ones.

 

Now goods are supplied or not that you have to prove in the court. 

 

And most of the accused fail to understand  realise the importance that NEGATIVE CAN NOT BE PROVED.

 

Your signed , bounced cheque from your account gives basic presumption in the law is that the same was issued to honour some commitment.

 

Now the burden is on you to prove that the commitment was fuffilled.

CHEQUE BOUNCE (Accused in cheque bounce can be convicted and money be recovered .PROSECUTE PROPERLY. chequebounce1@gmail.com)     27 November 2012

Just some corrections=

 

You have to prove

 

ONE- why cheques were given at the first place.

 

TWO - there was no liability against the bounced cheques.

Varun (n/a)     27 November 2012

@CHEQUE BOUNCE, He (Sumit) was not unknown to me we were having good family relation since 2007. That is why I had faith on him. but he broke my faith as well get me in trouble. I suspect he is with Gaurav (who hv my chqs) and trying to looted me. I am ready for any kind of court case. I have nothing to hide so why should I worry about anything. BUT this is thr first time in my family thag we are facing this kind of court case situtation. If I have no written contract they also do not have. Is that possible to challenge this case due to absence of documents. If they have chqs they must have anything to prove that they have chqs for reason.

CHEQUE BOUNCE (Accused in cheque bounce can be convicted and money be recovered .PROSECUTE PROPERLY. chequebounce1@gmail.com)     27 November 2012

In just one or two discussions you have spilled the bins out.

 

Now you have only one point that cheque is yours but other party do not have any document.

Varun (n/a)     27 November 2012

Originally posted by : CHEQUE BOUNCE

In just one or two discussions you have spilled the bins out.

 

Now you have only one point that cheque is yours but other party do not have any document.

I didn't get you mate, does it mean I am in trouble?

1)  What should be First step? Police complaint regarding Fraud or Cheque Book lost?

2.) I wanna let the truth out, Only Sumit can reveal it If Police take serious action towards him.

3.) Now they are pressuring me for Table Talk, I know they will demand money in table talk. 

4.) I made stop payment in bank with Chq book stolen request, I also have that application copy. 

I am really fed up with these things, it's effecting my business as well my life. How come I overcome from it? Cos In first no body beleive me, It's all just because of too much faith on old friend. I am really dissapointed with me, my one mistake lead my family into trouble, they are also suffering from this situation that we never faced before.

STUDENT.... (.......)     28 November 2012

varun mention your phonr numbrer i'll tell you how you can create evidence against both of them....

Varun (n/a)     28 November 2012

Here is my no - 919888884141, I hop to hear from ya back.

nishant   07 July 2015

HI IM NISHANT KUMAR, I M IN GOVT JOB . MY BEST FRIEND IS STOLEN MY 1 BLANK CHEQUE AND HE MAKED BOUNCE AND HE FILE CASE UNDER NI-ACT ON ME OF AMOUNT 500000. MY ACCOUNT BALACE IS NEVER OVER 150000 TILL NOW. IN MY STOLEN BLANK CHEQUE HE FILLED HIMSELF "FIVE LAKH ONLY" AND MAKE MY TRUE FALSE SINGNATURE

 PLEASE HELP ME HOW TO DEFEND THIS FROUD CASE. I M VERY VERY GRASE FULL TO YOU PLEASE HELP ME OUT OF THIS.

jitender bhalla   09 July 2015

hi sir i m putting up in delhi. my query is that i had to taken payment for kamatee from someone. i had to take this payment in nov 2013. but still now i havnt got the same. this payment is of 2.5 lakh. that person has given me a cheque for a surety without date. . now in these past 19 month he has only given me 55000 rupees. now when i am asking him for the remaning amount he statiying that abhi nahi hai de dunga. can i file a case against him for the same. when i asked him that i will bounce your cheque he says ki mene to cheque lost ki police complain karwa rakhi hai ki i lost my cheue. pls guide in the case.

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