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Cheque bounce case

(Querist) 10 May 2012 This query is : Resolved 
HI ALL,
PLS LET ME KNOW ROLE OF POLICE IN CASE OF CHEQUE BOUNCED DUE TO INSUFFICIENT FUNDS.
THE PERSON I HAD GIVEN CHQ IS THREATENING TO TAKE THE CHQ TO POLICE .

PLS ADVISE IF POLICE IS INVOLVED IN ABOVE CASE OR HE HAS THE ONLY OPTION OF SENDING ME LAWYERS NOTICE.
ITS VERY URGENT AS HE IS HARASSING ME EVERYDAY AND THREATENING ME AND MY FAMILY OF DIRE CONSEQUENCES. WE HAVE BEGGED FOR TIME OF PAYMENT BUT HE IS NOT AGREEING AND THREATINING OF POLICE ACTION .
PLS HELP ASAP
ajay sethi (Expert) 10 May 2012
tell him to go and file police case . if cheque has bounced he has to issue legal notice . you get 15 days time to make payment from date of receipt of notice
RAJU (Querist) 10 May 2012
DEAR SIR,
THANKS FOR REPLY. BUT HE IS TELLING ME POLICE WILL ARREST ME IMMEDIATELY . IS IT POSSIBLE? HE IS TELLING ME HE WILL TAKE THE CHQ AND GO TO POLICE AND THEY WILL COME TO ARREST ME.

PLS CLARIFY CAN POLICE DO THIS OR THEY WILL TELL HIM TO GO TO COURT???
ajay sethi (Expert) 10 May 2012
police wont arrest you .
RAJU (Querist) 10 May 2012
BUT CAN POLICE FILE A CASE AGAINST ME ON HIS RECOMMENDATION OF 420 OR 407???? AND THEN ARREST ME ON THAT BASIS????

Deepak Nair (Expert) 10 May 2012
If a cheque bounces, the drawee has to initiate actions as provided in sec. 138 of negotiable instruments act which provides for no role of police. Even if he approach police, the police will not entertain him.
In case if he approach police and the police call you, go to the police station along with a lawyer.
Advocate M.Bhadra (Expert) 10 May 2012
There is no Police role /action in cheque bounce complaint as per provision of sec.138 N.I.Act,in your instant case if you feel trouble for over action of Police authority then you can file a Writ Petition in High Court on residuary ground with party added to the private respondent/complainant to stop such illegal activities.
Shonee Kapoor (Expert) 10 May 2012
Police has no powers to arrest under NI 138.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA (Expert) 11 May 2012
Dear Raju,

He is only trying to scare you.Police have nothing to do with your case.That person has no other option but issue a legal notice.Consult a good lawyer and reply to the notice.If you are in a position to pay the cheque money,settle the matter without further complications.
RAJU (Querist) 11 May 2012
Dear ALL,
Thanks for assisting me.
There are more issues here.Kindly assist me.

a)
The cheques given to him were blank cheques with amount written on it. Plus a covering letter by me given to him confirming my liability and chq details.
The payment was actually a liability owed to his sister who resides outside india. I was owing her and the brother is collecting on her behalf.she resides in abroad.

b) If he sends a legal notice and I am unable to settle the payment within 15days, then what happens?

c) How much maximum time can I get to settle the debt by the court?

d) Also if chq of say RS10,000 is bounced and i have given him total 10 chqs of RS10,000 each(blank chqs),then he will send notice for only returned chq or will file a case for full amount?
I know its my fault to give him blank chqs but the situation was such he scared me and i wanted my family peace so in that haste i gave to him.


e) If he files case of full amount(rs100,000) in this case, do i have to settle the full amount by the time given by court?

f) How long can this case go on ???

g) If he lodges a complaint at police station and they call me, do i have to give them a date by which I have to make a payment ?? what should i do????

Will police harass and threaten me.

thx for all your help



ajay sethi (Expert) 11 May 2012
raju

you need to contact local lawyer immediateldy . if you fail to make payment within 15 days offence is committed .

cheque bouncing cases disposal would depend upon pendency of cases in your locality . it may take 3 years if contested
RAJU (Querist) 11 May 2012
Dear Ajayji,
But if I am unable to make payment, then how does the court procedure go on.

Pls advise
ajay sethi (Expert) 11 May 2012
if unable to make payment then fight case . your problem is you dont want to pay leagl fees
GIRISH AGRAWAL (Expert) 12 May 2012
1.ROLE OF POLICE IN CASE OF CHEQUE BOUNCED
DUE TO INSUFFICIENT FUNDS.

ANS.. NO ROLL

2. You can pay cheque amout befor 15
days time in legal notice

3. After the passage of 15 days legal notice to the
crime us 138 NI





RAJU (Querist) 12 May 2012
Dear AJAYJI,
Pls let me know your legal fees and if you are in pune.
i am in pune.
I am not happy with my current lawyer and need help to get me peace
PLS REPLY ME AND GIVE ME YOUR CONTACT NO
J K Agrawal (Expert) 12 May 2012
Dear Mr Raju

Police can arrest to you if case is filed under section 420, 406,467,468 or some other cognizable section of IPC. you sould be having a team of good lawyers with you.

If you no money to pay, do not afraid. you are safe and sound. There is no scheme to provide further loan to contest a case and which makes you much poor.
ajay sethi (Expert) 12 May 2012
raju

i am in mumbai not in pune .
RAJU (Querist) 12 May 2012
Dear Mr Agarwal,
Thanks fr yr support. but can the police file a case against me and arrest me on basis of chq returning case or non payment of my liability on the above ipc codes 406,407,420 467 and 468????

He is threatenng me a lot.


RAJU (Querist) 14 May 2012
pls help me on last query.... can he take blank post dated chqs to police and file a complaint of my non payment and what action can police take on this basis????

Pls clarify with me. I humbly beg you.
DEFENSE ADVOCATE.-firmaction@g (Expert) 14 May 2012
Keep cool , no police action for blank post dated cheques.

Pune has many many good advocates so do not try to put one advocate against other otherwise how many advocates you will change.

Party may file case in the court , let him do and contest it on merits


THERE ARE MANY DEFENSE WAYS OUT IF YOU REALLY DO NOT HAVE MONEY.

BUT DONT DO SAME TRICKS WITH THE ADVOCATE.

ajay sethi (Expert) 14 May 2012
if you have proof of balank cheques been given you will win the 138 case . blank cheque is no cheque . materil alteration made in cheque by writing amounts etc makes it invalid unless you have authroised complainant to fill in details
RAJU (Querist) 15 May 2012
Dear ALL,
Thanks.
The chqs have only amount written in words and in figures and my sign.
and along with a covering letter that i am giving so and so chqs for the money i owe.
basically a letter confirmng my liability along with chq numbers.
only the the place where they write name of the payee IS BLANK.

My lawyer in pune is not clearly guiding me and always telling me that he is there i should not worry



RAJU (Querist) 15 May 2012
yes i have copy of all cheques. one more issue... the bank thru which i gave the chqs has closed the account due to non operation.... I gave chqs in july 2011 and account was closed by bank on 31dec2011.

It is more of a problem???

A) Should i write letter to bank for stop payment even though account is closed.

B) Will it create any more offence against me/?



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