ramya 21 July 2015

cheque dishonoured

Sir, We had given Rs 12,00,000 to a known person for a business rotation of 3 months in cash.promising that he will give it within 3 months and had given his bank cheque leaves 2 with his own handwriting date , amount, sign and bavksidesign with his phone number also for Rs 7,00,000 and Rs 5,00,000 respectively.after 3 months with repeated reminders he just transfered Rs 4,00,000 to our account and asked for the cheque leaves .then only he will transfer the rest.we stay in different state .so not believing him we had sent a xerox copy of the cheque through mail keeping the originals with us.he never transferred.after that we had produced the cheque of Rs 7,00,000 which got dishonoured.we had sent a legal notice and he had replied that he had not got any money from us.even he stated that we blackmailed him and got the 2 cheques.As we stay in AP and the person stay in tamilnadu we are planning to start the trial in AP.is it possible? Need ur advice.as My husband have annual income of more than Rs 10,00,000 and mydad had given my cash share time.from that only we helped him.is there is a law in outside to get the money back from that person. Pls advice me.

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12 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 21 July 2015

Mam,

File a complaint under section 138 NI Act and recover your money.

You will have to prove that the cheques which were issued, were issued in liue of the legal laibility he owes against you and you have to prove that you have paid him the amount as claimed and justify that.

You can also file a case of cheating against him.

Warm Regards

Kapil Chandna Advocate

9899011450

ramya 21 July 2015

Sir, thank u for ur reply.

ramya 21 July 2015

Sir 1.is there possibility to file a complaint in Hyderabad as the victim is in tamilnnadu? 2.the cheque which he had given both are in his handwriting with backside sign and his phone number also.is that will be taken a proper proof? 3. have some audio recordings of what we spoke like asking the money and his reply.will that be considered as a supporting proof? 4.in his reply to our legal notice he stated that he never bought money from us and denied that he never paid 4,00,000 for us.but we have bank statement which clearly shows the money transfer from his account.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 21 July 2015

You can file the case in AP after following due procedures as required under Section:138. But you say that you gave the loan by cash a large amount of Rs.1200000/- It will create the follwing problems.

1. Under Section 266 of the income-tax act giving or acceptance of any amount is cash in excess of Rs.20,000/- is an offence punishable with a fine equal to the amount so tranferred.

2. The accused may contest that you do not have sufficient income to advance such a large amount. The court can ask you to justify by sobmitting copies of income-tax returns.

3. A point in your favour is that the accused issued the cheques, which are with you. Under Section 139 he has to prove that the cheque was not issued in dicharge of a legally enforceable liability. If he contests that there was no legally enforceable liability, he will have to answer why he issued the cheques in the first place. It appears that he has admitted that the cheques were issued by him. His contention that he was blackmailed or was coerced to issue the cheque will not hold water in the court of law.

There is a Supreme Court judgment that loan advanced using black money cannot be recovered through NI-138. That judgment can be contested. But you have a difficult long drawn case before you. Please engage a brilliant lawyer. Very often in India cases are lost due to the ineptitude of the lawyers.

ramya 21 July 2015

Sir, My husband works in a reputed company and he files tax every year. Need a lawyer in AP who can speak Tamil sir.can u suggest anybody?

SAINATH DEVALLA (LEGAL CONSULTANT) 22 July 2015

Payment of 12,00,000 in cash cannot be maintained in the court as it has to reflect in the IT returns filed for that year.Moreover UR husband works with a PSU.I don't that would reflect in his returns.U have not mentioned where the cheques were deposited?

ramya 22 July 2015

Sir , had the cash of 5 ,00,000 from my land share and we had kept jewels for mortgage in bank for 3,00,000 and 4,00,000 from our savings.we deposited the cheque in Hyderabad only.as the victim was known friend just to help him only we had given.but he ditched us .

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 22 July 2015

In the case of land share you will have to give particulars of transactions and bank transfers. If the land was non-agricultural land the question of capital gains tax also will arise.Under Section 269SS of the Income Tax Act giving and acceptance in cash of any amount above Rs.20000/- is not allowed. As regards transactions mentioned by you above, many questions can be asked. It will be tough to satisfy courts or income-tax. I have attached judgment in a similar case.

Attached File : 84227 20150722194404 940466291 alleged liability to repay unaccounted money.pdf downloaded: 41 times

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 22 July 2015

If you want a lawyer you contact sulekha.com on the internet.

SAINATH DEVALLA (LEGAL CONSULTANT) 22 July 2015

U R at liberty to file case under NI ACT,but U have to establish the amount gather with valid evidences,which I presume is difficult.12,00,000 is not a small amount to be given as a hand loan.Proceed legally only once U R sure that U have sufficient documentary evidence apart from the cheques.