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Kalidas Shendre (Clerk)     14 May 2019

Can take legal action under section 138or complain to police

Can I take legal action under section 138 or can complain to the police?

This incident has happened in Pimpri Chinchwad City limits in the State of Maharashtra One of my friends told me that he is in trouble and he has requested me to give Rs. 2,50,000/- to fulfill his personal financial needs and he has agreed of repaying the help after three months by giving the postdated cheque. Due to that & after his requesting, I accepted the postdated cheque by him & I have paid the above said amount for his personal financial help.

This help was made by me on 27/12/2017 through the account payee crossed cheque. However, after three months of reversal, he requested me not to deposit the above said accoune payee crossed cheque in my own  bank account due to his financial crisis still not far away. In this way, the cheques have been changed from time to time. Now, the postdated cheque is given to me an overdose on dated 01/03/2019.  Its validity will expire on 29-05-2019.

Now I have reached the conclusion that my friend is cheating me. So, if I have cheque bounce, can I take legal action under section 138 or can complain to the police? Which is the better option for getting the best judgement.

In other hand, He has sold his own house six months ago. Now he lived in a rented house and I knew his address. But, he left the rented house that I knew about fifteen days earlier and went to a new place to stay in the rented house. So if the cheque bounce is received, the question is to send legal notice to which address?

I am quite confident that he has been working as editor of a regional newspaper since last four months. However, can I send legal notice to the newspaper office address by the lawyer in his name? Please, request to get the proper guidance. Thanks a ton to all.



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 2 Replies

Arunesh Roy (AM- Internal Audit)     14 May 2019

You may deposit the cheque and let it get bounced. Post cheque bouncing you may send few communications on your own and even if this does not work, may initiate a legal notice. It may be noted that you should not accept any further cheques after the cheque deposited by you has bounced. Only payment mode should be dd/pay order/ cash. Thx

Kalidas Shendre (Clerk)     15 May 2019

Thanks for replying.

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