Cheque bounce

MOHAMMED AHMED (Querist) 04 June 2023 This query is : Resolved
Mr X has to pay me 4 lakhs rupees for which he was dilly dallying. I made a police complaint and on the day when X was brought to the Police station I was not in town and I send my brother to the station. X issues four cheques in the name of my brother and it got bounced. Please guide me how to file a case or issue notice

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Quick Summary

If a cheque issued to your brother has bounced, a direct cheque bounce case against the issuer may not be maintainable if your brother wasn't the original lender. Your brother may need to issue a written notice to the issuer, and if there's no response, file a complaint with the local magistrate. Alternatively, a civil recovery suit against the issuer might be an option, or a cheating case if your brother can prove he is the lender with supporting evidence.

kavksatyanarayana (Expert) 04 June 2023
Before Police Mr.X issued checks which are bounced. So file a complaint in Police Station. And file a case for check bounce.

Sudhir Kumar, Advocate (Expert) 04 June 2023
You have weakened the case.

You are lender and your brother is receiving cheques in his name who does not appear to be a lender.

Now you will have to prove that the person was under legal obligation to pay the cheque amount to your brother (not you).

Cheque bounce case is not registered in police station. Your brother have to serve him a wrtitten notice (by himself or by hiw lawyer) with 30 days. In case the notice is served and there is no response your brother has to file complaint to the local ilaqa magistrate after 15 days thereafter of receipt of notice by him. However, cheating case can be filed in police station in case your brother can prove himself to be the lender. He has to be available with proof on every date.

You have not stated why money was given on what conditions and what evidence yo have.

Advocate Bhartesh goyal (Expert) 04 June 2023
You can't initiate cheque bouncing proceedings against Mr X as cheques were not issued by him to you but issued to your brother against him no liability or debt lies so your brother also can't initiating cheque bouncing proceedings against Mr X .You may file only civil recovery suit against Mr X.

Sudhir Kumar, Advocate (Expert) 05 June 2023
Further basically police has done you extra legal favour rather illegal act like forcing him to sign cheque.

Message likes : 1 times

Dr. J C Vashista (Expert) 06 June 2023
Facts posted are unbelievable as to why and how the police asked accused to issue cheques in the name of your brother, who is proxy to the complaint, whereas loan is stated to have been taken from you ?

Message likes : 1 times

T. Kalaiselvan, Advocate (Expert) 06 June 2023
The cheque bounce case is not maintainable because there's no legally liable debt between your brother and the borrower

Sudhir Kumar, Advocate (Expert) 06 June 2023
Now you have poption of

filing case of cheating (if sustainable from facts of the matter

or

file civil suit.

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