(Querist) 20 May 2019
This query is : Resolved
My brother did some private chit transaction with a person whom he trusted for a year and to help my brother every transaction I paid online from my bank account to that chit person bank account and also before starting of the chit I mentioned below points to the chit person.
I am against giving cheques or promissory notes for the sake of chit transaction and inform to the chit person every transaction will be done through online and no cash will be paid. But the chit person somehow smoothly has taken the signed cheque of mine from my brother in absence of my knowledge (as my brother was afraid if I might scold him or drop the chit transaction) Unfortunately, my brother passed away recently due to a tragic accident keeping my entire family sorrowfully. After my brother passed away this person approached me deliberately asking for more money which I told him that entire transaction for chit amount as per the agreed terms was settled between him & my brother.
After some arguments between him & me, the chit person started threatening me that he is having a signed cheque of mine and he will approach to the court deliberately with cheque bounce.
After I came to know about the cheque, I approach the bank to stop/ cancel all my cheques. But the chit person has greed towards more money, he used that cheque as a weapon of extortion and gets the said cheque encashed at the bank by filling more amount that led the cheque to Dishonored on the grounds to scrutinize the cases against me.
I know what mistake I have done as I shouldn't have been kept a signed cheque for an emergency purpose in my home though I will be traveling most of the time due to my job nature and I can't blame on my late brother either as he intentionally didn't give my signed cheque to that person whom he trusted.
Unfortunately, due to our Indian law bind, most of the times an innocent person who can't fight will get punished.
With the above-said facts, I need your expert advice on how do I proceed on this.
Is there a way that I can come out of this situation and I am hoping to get justice with your experts to advise.
Dr J C Vashista
(Expert) 21 May 2019
File a police/criminal complaint in Court u/s 200 r/w 156 Cr PC for extortion and threat. Move to the Court to seek mandatory injunction against holder of cheque, if there is some truth in your statement. Prima facie it is an unbelievable fabricated story, which may be for debate. It would be advisable to consult a local prudent lawyer for better appreciation of facts/ documents, guidance and proceeding, if required.