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Shekhar Kundu (None)     20 September 2013

How to deal with this fraud

About 5 months ago I met this guy who convinced me that he can get me a job in a well-known firm. For that, he asked me for Rs.15k, which I paid him, in good faith, by means of two checks of state bank of India (in installments). Since then, he's been offering me one pretext or another for not being able to offer the job. I politely asked me to refund me my money in case he's not able to give me the promised job, and he promised to call me when the money is ready but neither he calls nor he takes my calls anymore. I am in a fix. Both the checks were crossed checks (he forced me to do this: account payee check). I called my bank but they said in such matters I have to visit the branch.

 

I don't want to look like a fool so before I visit the branch can anyone tell me if I can still get the money by bouncing/dishonoring the checks somehow? Is it still possible after 5 months have passed?? I have the check numbers noted already!

 

I also don't want cops in any of these. We all know how they do things. Plus this guy lives in another district and he's got quite an influence with the locals there!



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 4 Replies

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     20 September 2013

Dear Mr. Shekhar,

 

If you have given the crossed account payee cheques to him and he has encashed then you can ask for refund of money being lent (loan) to him. you can file the civil suit for recovery as well as criminal complaint for cheating under section 420 of Cr.P.C.

or 

he has given a crossed cheque to you, if period is not mentioned on the cheques then you can still present the cheques for encashment in you bank being validity is 6 months. (Please check with your bank before presenting) after dishonour you can file complaint under section 138 of N.I. Act as well as civil suit for recovery. Police is not involved any where.

 

Rajiv Bhasin 

Advocate

www.bhasinlegalconsultants.com

follow me on https://www.facebook.com/pages/BHASIN-LEGAL-CONSULTANTS/

 

Shekhar Kundu (None)     20 September 2013

Great. Can I file a civil lawsuit in any regional court? How much is it going to cost me and how long would it take me to recover the money (that's all I am interested in, getting my money back)

 

I forgot to mention that he provided me a receipt for the first installment but is yet to give me a receipt for the second one (he keeps promising he'd, but  he's adept at making one or other excuse)

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     21 September 2013

Dear Mr. Kundu,

If you both are living in same vicinity then you can file civil suit for recovery in local courts. for court fee check with local advocate. you have receipt then your case is water tight. go ahead.

 

Rajiv Bhasin 

Advocate

www.bhasinlegalconsultants.com

follow me on https://www.facebook.com/pages/BHASIN-LEGAL-CONSULTANTS/

R Trivedi (advocate.dma@gmail.com)     21 September 2013

Shekhar,

 

1. You paid him Rs. 15000/- for some job promise. He fooled you.

2. You are asking that even after 5 months can you bounce / dishonor the cheque ? That means you do not even know if the money is realized by him ? This question also reflects your simplicity.

 

Under the circumstances, my dear friend, it is not worth fighting a civil case for this amount which otherwise is quite small. You will not be able to justify why you gave him Rs. 15000 (money cannot be given without consideration under contract act), he will have to simply say that he paid you friendly cash loan and in order to settle that you issued these cheques, but it is futile to approach the court (without evidence) that you gave him Rs. 15000 loan by cheque and now he is not paying back.

 

Be careful in future, keep trying in friendly manner without too much bothering, you may succeed in time to come.


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