Cheque bounce
sonusampatrao
(Querist) 20 December 2015
This query is : Resolved
my wife and i retired from one company which i started with two bihari partners on 2014 march . i invested 62 lakh rupees in that company but after some six months he started misbehaving and accounts manipulation . so i asked him to pay my and wife's invested money back and take over this company. so after one year of requesting and asking for funds, he and his's other partner signed registered retirement deed . in which i payed 3.7 lakh stam duty and took 21 cheques of 62lakh, which he told me to deposit from 20 aug 2015 (3 lakh )each month on 20 till 2017 . now i have deposited 4 cheques and still i am not getting any funds and he is not picking my phone . i have deposited cheques in pune and now filing a case on that man . my question is that will i get my money or at least put him behind bar or not. he things that he can run this case for 2 to 4 years and Indian law have many loop holes from where he will run a way . and one more thing out of two continuing partners one signed all 21 cheques but can i file and put other partner behind bar also????????????
Kappil Cchandna
(Expert) 20 December 2015
Sir,
Are the cheques are cleared on time? If the cheques are not being cleared in time, the parties who are signatory to the cheques can be held for Criminal case of cheating as well as 138 NIA. So far as the other partners are concerned, I need to know the partners involvement in the transactions concerned.
Warm Regards
Kapil Chandna Advocate
9899011450
Rajkumar Tiwari
(Expert) 20 December 2015
Yes you can file case u/s 138 of N. I. Act also you can file criminal case against partner involved.
SAINATH DEVALLA
(Expert) 20 December 2015
Investing 62L hard earned money in a fictitious company after retirement,gives raise to innumerable legal doubts.NI ACT is applicable but the final judgement depends on the presentation of the case either by the prosecution or defence.
sonusampatrao
(Querist) 20 December 2015
IT'S SALON FRANCHISE OF TONI & GUY WHICH WE TOOK AND MADE A PARTNERSHIP FIRM BY SHREE SIDDHI. I HAD 10% AND MY WIFE 40 % SHARE AND OTHER PARTNERS HAD 25, 25 % EACH SHARE . WE TOOK ONE 3000 SQURE FOOT SHOP ON RENT AND INVESTED MONEY ON FURNISHED SALON EQUIPMENT AND FURNISHER , SALON PRODUCTS AND STAFF SALARY AND ETC .HE GAVE ME PDC CHEQUES STARTING FROM 20 AUGUST 2015 , SECOND CHEQUE 20 SEP , THIRD 20 OCT , FOURTH 20 NOV . HE TOLD ME TO PLEASE DEPOSITED FROM OCTOBER BUT HIS CHEQUE BOUNCED IN OCTOBER I REQUESTED HIM TO PAY MY MONEY BUT HE TOOK MORE TIME , SO I DECIDED TO DEPOSITED ALL 4 CHEQUE ON ONE DATE AND TOOK CHEQUE BOUNCED MEMO AND GAVE 15 DAYS NOTICE ON 7 NOV . NOW THIS NOTICE PERIOD IS TILL 26 . I AM PLANING TO FILE TWO CASES ONE WITH 3 CHEQUES AND OTHER WITH SINGLE CHEQUE . ONE LAYER TOLD ME TO PAY STAM DUTY FOR 100 % PROFF OF PAYMENT . SIMPLE BOND PAPER RETIREMENT WILL NOT HAVE THAT MUCH POWER IN IT AS A REGISTER RETIREMENT DEED WITH ALL CHEUQES ON MONEY.
sonusampatrao
(Querist) 20 December 2015
I PAYED 3.7 LAKH SATM DUTY FOR MAKING RETIREMENT DEED REGISTER . ONE LAWER SAID TO ME TO DO THIS .
I HAVE ALL ONE YEAR OF EMAIL AND WHATS UP CONVERTION WITH HIM IN WHICH HE PROMISSED MY PAYMENT BUT DID NOT SO FAR.
HE IS EARNING GOOD MONEY FROM THIS COMPANY WHICH I ALSO TOOK HARD WORK TO START BUT HE IS NOT PAYING MY MONEY AND STARTED SECOND SALON IN DELHI . HE DONT HAVE ANY FEAR OF LAW OR COURT , THAT WHY I AM CONCERN THAT IS OUR PUNE COURT OR INDIDN LAW HELP FULL FOR PEOPLE LIKE US OR THEY CAN MANIPULATE AND ESCAPE FROM THESE LAWS
SAINATH DEVALLA
(Expert) 21 December 2015
My sincere advice is to consult a competent good local lawyer, and choose course of action.
Rajendra K Goyal
(Expert) 21 December 2015
File check bouncing case and cheating case against all other partners.
Adv. Yogen Kakade
(Expert) 21 December 2015
Hi Mr. Abhijeet,
Firstly be keen towards the dates of the dishonor of those cheques as the limitation for the cheque bouncing case provisions are very strict.
Secondly, kindly mention the bank report for the reason of cheques returned unpaid.
Send a legal notice (demand notice) immediately.
As you have a written agreement with them.. the recovery of money will be simple.
You can also take a criminal action against them after confirming the reason of the cheques returned unpaid and the clauses of the agreement.
In case you need further help you can contact us on 020-65248888.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in
Call: 020-65248888
K.S.Srinivas
(Expert) 26 December 2015
Based on the investment of huge money, my advice is to consult a lawyer along with all the papers to proceed against your partners under the N.I.Act and also to file a criminal case.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 December 2015
First of all your story does not seems to be convincing. Defense advocates will find all the loopholes.
And when you had invested such huge amount and had fifty percent partnership why you left possession just on papers.
Still on the other hand if your story may be true from the angle that you may been trapped due to greed than the current law gives you a better solution.
cheque law amendment has been passed by RAJYASABHA under which you can file 138 case from any place where you have deposited the cheque. So if the validity of cheque is there than open a bank account at a distant place easy for you and present the cheque again and issue fresh notice after bounce.
AS the law stands today you can present the cheque at any place in India where you have account and file case from there.
sonusampatrao
(Querist) 27 December 2015
SO WHAT LOOP HOLES A DEFENSE LAWYER WILL CREATE IN THIS CASE WHICH IS VERY CLEAR THAT OTHER PARTNERS MADE PRESSURE ON US TO LEAVE THE PARTNER SHIP AFTER IT'S OPENING AND ALL COMMUNICATION IS DONE ON EMAIL AND WHAT'S UP WHICH IS EVIDENCE FOR US THAT THEY AGREEMENT TO PAY OUR MONEY ONLY AFTER RETIREMENT . SO I RETIRED FROM THAT PARTNERSHIP . I HAVE 1.5 YEARS OF EMAIL RECORDS .
sonusampatrao
(Querist) 27 December 2015
I HAVE GIVEN NOTICE TO THEM ON 7/12/2015 AND THEY ARE TELLING ME THAT THEY WILL PAY MAY MONEY IN NEXT WEEK BUT ARE NOT DOING FROM PAST THREE MONTH JUST PROMISING
sonusampatrao
(Querist) 27 December 2015
SHOULD I FILE CASE OR TAKE MY MONEY BY REQUESTING AND FRIENDLY WAY . BECAUSE SOME PEOPLE SAY THAT 138 WILL ONLY PUNISH HIM WILL NOT RECOVER MONEY . FOR THAT I HAVE TO FIGHT CIVIL CASE IN PATNA AND IT WILL TAKE 3-4 YEARS
SAINATH DEVALLA
(Expert) 27 December 2015
Punishments u/s 138 NI ACT can be conviction upto 2 yrs + fine,conviction + cheque amount,conviction + double the cheque amount,or fine only or only conviction.If there are loopholes in the statutory legal notice or evidences submitted or the complaint filed there is a chance for the accused to get acquitted.
It depends on the conduct and prosecution of the case.
Adv. Yogen Kakade
(Expert) 28 December 2015
Mr. Abhijeet..
you have got wrong information..
In your case the accused can be convicted and also your entire money along with interest can be recovered.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888
SAINATH DEVALLA
(Expert) 28 December 2015
The views of Jurycon Incorporation are only possibilities but not mandatory.
Settling the matter outside the court is the best solution if both the parties come to an amicable solution.Justice in courts entirely depends on merits from either side but cannot be demanded.
Guest
(Expert) 28 December 2015
Strange, your huge money of 62 lakhs is at stake, but you have preferred to take a casual advice on your casual query & description, instead of hiring servies of quite a competent advocate!
Another strange thing is that you have talked about loopholes in Indian Laws, but even in your description you have kept several loopholes, but still you want solution in the absence of bare facts, when huge amount of 62 lakhs is at stake!
You have stated, "now i have deposited 4 cheques and still i am not getting any funds and he is not picking my phone," but you have not stated, whether cheques have bounced back, when and with what reason? Even if cheques have been bounced ever since Aust 2015, you have not stated, whether you issued due notices or not to the company withing prescribed time after bouncing back and what was their response to your notices from time to time?
Further, when you have deposited cheques in pune and now filing a case on that man, is there any specific reason that you have not hired services of a capable lawyer to fight your case and to answer your question, whether you will get your money or at least put him behind bar or not?
Another thing is when you say, "he thinks that he can run this case for 2 to 4 years and Indian law have many loop holes from where he will run a way, would you drop the idea of filing a case, when your huge money is involved and there may be chance of even taking 8-10 years in fighting the case?
Still another loophole in your statement is that you have stated that you retired from a company, now you are discussing about partners of a firm by stating, "out of two continuing partners one signed all 21 cheques but can i file and put other partner behind bar also."
Another loophole in your description is that you have not stated whether the cheques were signed before your retirement from the company or after the retirement from the company?
Another loophole in your description is that you have stated that you retired from a company, but you have not stated whether the the reconstitution of the company was got approved and registered with the Registrar of the companies or not? Instead, you have stated that you spent Rs.3.7 lakhs as stamp duty, but not stated for what?
IN FACT, I AM OF THE VIEW THAT EITHER THIS IS YOUR HYPOTHETICAL ACADEMIC QUERY AND DO NOT HAVE ANY SUCH PROBLEM, AS YOU STATED, OR YOU HAVE NOT GIVEN FULL FACTS OF THE CASE. I CAN SAFELY SAY, IN REAL PROBLEM CASE, YOU WERE NOT EXPECTED TO DEPEND UPON VARIED OPINIONS THROUGH YOUR CASUAL & ENTIRELY DEFICIENT QUERY.
BETTER DISCUSS YOUR REAL PROBLEM, IF YOU HAVE ANY, WITH SOME EXPERT BY SHOWING YOUR CASE RELATED DOCUMENTS BY HIRING HIS SERVICES.
sonusampatrao
(Querist) 05 January 2016
MY CHEQUE BOUNCED DUE TO FUNDS INSUFFICIENT. MY UNCLE IS A LAWER IN PUNE AND I AM TAKING YOUR HELP TO GET MY MONEY FROM THEM . I DONT WANT TO MAKE ANY MISTAKE IN THIS CASE THAT'S WHY REQUESTING ALL OF YOU TO HELP ME IN THIS SITUATION. I HAVE GIVEN NOTICE ON 7 DEC 2015. NOTICE RECIVED BY PARTNERS ON 12 DEC . NOTICE 15 DAYES PERIOD FINISHES ON 27 DEC. . NOW I KNOW THAT I CAN FILE CASE IN ONE MONTH FROM THE DATE OF NOTICE . SO PLANING TO FILE 138 CASE .
MY QUESTION IS
1) CAN I FILE 420 CASE ON BOTH THE PARTNERS, OR ONE ONLY? IN WHICH ON PARTNER SIGNATURE DONE AND OTHER TOOK RESPONSIBILITY OF PAYMENT ON RETIREMENT DEED.( CHEQES ARE OF PARTNERSHIP FIRM , SO OTHER NON SIGNATURE IS ALSO RESPONSIBLE OR NOT )???
2) WHAT SHOULD I DO FOR RECOVERY OF MONEY SHOULD I FILE ONLY 138 CRIMAL CASE IN PUNE OR CIVIL ALSO IN PUNE OR PATHA???? WHERE SHOULD I FILE CIVIL AND IN HOW MANY DAYS ?
3) WHERE SHOULD I FILE 420 CASE PATNA OR PUNE ??? I AM FILING 138 CHEQUE BOUNCE CASE IN PUNE . I WANT TO FILE 420 IN PUNE CAN I ????
sonusampatrao
(Querist) 05 January 2016
THESE PARTNERS MADE US LEAVE THIS PARTNERSHIP FIRM BY SCARING US AND NOT ALLOWING US TO TAKE ACCOUNT DETAIL AND TRYING TO SELL THEIR SEPARATE PRODUCTS IN SALON AND TELLING US TO LEAVE THE PARTNERSHIP OR ALLOW THEM TO RUN INDIVIDUAL BUSINESS IN CURRENT RUNNING BUSINESS??? WHICH WE OPPOSED AND LEFT PARTNERSHIP FIRM ON PAPER AND ASKED THEM TO GIVE OUR INVESTED AMOUNT , WHICH THEY DID NOT SO FAR
sonusampatrao
(Querist) 07 January 2016
can i file case on both partners for section 468, 406,467 for cheating , and company's accounts fund miss use
