Gambling money cheque bounce


I lost around Rs. 10 lacs in cricket betting to a friend, who has just became a bookie few years ago. As i had no money so i have given him 2 post dated cheque few years ago due to mental pressure. Now the date came, he dropped the cheque and it has bounced. Now he has sent me 2 legal notice for NI 138.

Note, he was my friend as well so i took money from him on monthly interest. I took 2 lac from bank to bank and i repay him 4.25 lacs including gambling payment as well. Later i took again 1 lac and 2 lacs which i repayed him in cash. So officially whatevet money i took in bank i repayed him 90% and rest was paid cash. So whatever cheque he has, it is for 100% gambling money. Now what way should i approach the court? And he does not have the earing where he can pay me 10 lac rupees in few year. So in notice he mentioned that overall he gave me 10 lacs slowly slowly for business. For that there is no official record.

Regards,
Amit

 
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Retired employee.

Once you have decided a plan of action on your own friend, you may not receive any guidance legally.

 
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High Court Advocate and IPR Attorney

Cheque should have been given to discharge a legally enforceable debt only.

 
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Advocate

Reply to the Notices bringing out all the facts especially the gambling aspects.
 
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My lawyer is suggesting not go involve Gambling part as i might get punishement as well because i have partcipated in it as well.

Well, if i will not have to pay 10 lacs then i am ready to accept gambling part. So will i be Jailed for this? I belong to a reputed family so really cant go to Jail. Yet i am ready to pay any fine to be released from court.

 

 

 
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Amit, even if you feel offended and hurl invectives on me, but I would frankly say that please don't misuse this platform, because for me a gambler in whatever shape is unsocial element.

Total likes : 1 times

 
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Advocate

Your lawyer is exaggerating. You cannot punished for such a reply; no court can take cognisance of your reply to sent you to jail. Any punishment for a criminal offence is strictly governed by the provisions of law.

Moreover, it is seldom that a person is punished for being a gambler; situation could be different had you been in conducting the business of gambling. Moreover, the Gambling Act, 1887 orvides only nomional punishment. It is the practice in our country that only fines are imposed in such cases.

 
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Dear Sir,

I really appreciate your view. It was done 2016-2017 when i wasn't matured enough. Now i am not doing it. That is why i want to get rid of it.

 
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Originally posted by : P. Venu
Your lawyer is exaggerating. You cannot punished for such a reply; no court can take cognisance of your reply to sent you to jail. Any punishment for a criminal offence is strictly governed by the provisions of law.

Moreover, it is seldom that a person is punished for being a gambler; situation could be different had you been in conducting the business of gambling. Moreover, the Gambling Act, 1887 orvides only nomional punishment. It is the practice in our country that only fines are imposed in such cases.

If i directly confess to court that, i gave the cheque in respect for gambling's loss, what would be the verdict?

 
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If the presiding officer would be Mr. P. Venu, then definitely Mr. Amit would be acquitted under NI Act.
 
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