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Cheque bounce case

(Querist) 05 November 2013 This query is : Resolved 
Dear Sir, I M Vinodh Kumar, Hyderabad would like to seek your advice.

I have borrowed Rs. 2 lakhs (1 lakh two times, in year 2007 and 2008 respectively)from one of the flat owner in my apartment. I signed promisary notes and gave two cheque of ICICI bank and SBI. I was paying interest every month through cash. In between in 2010, he asked to return my money. I was paying interest into the account of his cousin every month. I transferred Rs. 1.50 lakhs into his cousins account and Rs. 50 thousand handed over to him in cash. I completed the transaction and asked for the promisary notes and cheques. He replied that they are at his native place with cousin and return in 2 months times. There was a society dispute in the apartment and he was thrown out as secretary. He took the grudge onto me and asked to return hi 1 lakhs immediately. I went to police station with the threatening complaint but they refused to take it. He deposited 1 lakh cheque of ICICI bank and sent me legal notice. One of the lawyer sent him the reply that 2 lakhs were taken as loan and returned to his cousin through account transfer. However he filed a case against me.Sir please advice me how to proceed further in this case. I got summons to appear on 22-11-2013.
ABDUL RAZIQUE (Expert) 05 November 2013
Yes, he has right to file Case against you, because first you deposit all amount in his cousin account in place of his account, second you have no any proof of payment his borrow amount, third you have no any such letter that proof his instruction to deposit said amount in his cousin as per instruction.

If you want to relief you may send notice to his cousin regarding the said amount.

do not worry you appear before court on that day and take bail, after that ready for next proceeding.
Rajendra K Goyal (Expert) 05 November 2013
Agree with the expert, in the given circumstances, your case is very poor. You may send notice to his cousin for your money.
santhosh.g. (Expert) 05 November 2013
in 138 of n.i.act section 3,4, and 114(g) of evidence act read with section 5,6, 20, 118 & 139 of N.I act leads to a presumption in favor of the holder of the cheque, but the presumption is rebuttable. if you are having evidence that the interest and the principal amount is deposited in the account of the cousin of the holder you can file the documents u/s 243(1) along with a written statement as defence at the 1st instance before the court and further you are entitled to call the cousin of the holder as a witness to prove that the amount deposited by you in his account is the payment towards the holder as per the instruction of the holder and the above sum is after passed to him and the present complaint is vaxatious
Raj Kumar Makkad (Expert) 06 November 2013
I completely do agree with santosh g.
m vinodh kumar (Querist) 06 November 2013
Thanks to all for the response. I have transferred interest and principal amount into his cousins ICICI bank account through my ICICI bank account.

However, I have one question. What is the validity of promisary note? It is more than 3 years in my case. Will it help me?

Regards
Vinodh
ABDUL RAZIQUE (Expert) 06 November 2013
promissory note is a letter signed by maker in favour of lender against borrow a sum, so there is no time bound to repay the said borrowed amount, hence it is valid for recovery of said amount and there is no time bound rule.
m vinodh kumar (Querist) 06 November 2013
Sir, he has mentioned in his legal notice that the cheque was issued to him in the month of May-2013 and not in 2008. Is the cheque valid against this promisary note?
DEFENSE ADVOCATE.-firmaction@g (Expert) 06 November 2013
1) In criminal cases counter stories are rarely proved.

In this case even if it is proved that money is deposited in any other account than it was far legal dues of the complainant.

2) there are ample opportunities to demolish the story of complainant and any accused should put full efforts for same to sure win.

3) Two very recent RULINGS., LAST FORTNIGHT. will explain this theory.

ONE - DELHI HC convicted one person for seven years for decoity of Rs 150/- only.

SECOND- Bombay HC acquitted a doctor for death of his wife due to burning even there was death declaration.
Vidhi Joshi (Expert) 06 November 2013
get all bank account statements which reflects the money given by you to his cousin.
ABDUL RAZIQUE (Expert) 06 November 2013
as per RBI instruction Cheque validity is only three months.

Read care fully the following differences between Cheque and Promissory Note:

1. Order And Promise :-
Cheque : It contains order to pay.
Promissory note : A promissory note contains promise to pay.

2. Number Of Parties :-
Cheque : In case of cheque there may be three parties, the drawer, drawee and payee.
Promissory note : In case of promissory note are only two parties, the maker and the payee.

3. Object :-
Cheque : Cheque is used because it is a simple and easy medium of exchange and serving of metalic money.
Promissory note : It is used for receiving and giving credit.

4. Crossing :-
Cheque : A cheque may be crossed.
Promissory note : A pro-note cannot be crossed.

5. Payable To Bearer :-
Cheque : A cheque is often drawn as payable to bearer.
Promissory note : A pro-note cannot be drawn payable to bearer.

6. Stop Payment :-
Cheque : Its payment can be stopped by giving the notice to the bank.
Promissory note : A pro-note payment can not be stopped if once issued.

7. Liability Nature :-
Cheque : In case of cheque when it is dishonoured, the drawer is liable.
Promissory note : In case of promissory note liability is primary.

8. Use Of Form :-
Cheque : It is drawn on a printed form issued by a particular bank.
Promissory note : Promissory note may be drawn on any paper and there is no need of any particular form.

9. Drawee :-
Cheque : A cheque is always drawn to a particular bank where account is available.
Promissory note : A promissory note can be drawn on any person.

10. Drawer and Payee :-
Cheque : In case of cheque drawee and payee can be the same person.
Promissory note : In case of pro-note there are two parties and maker cannot be the payee.
m vinodh kumar (Querist) 06 November 2013
I have the all the bank transfer details. I even went to police station to file complaint that he is threatening even though the money is paid. He is working for a media house in Hyderabad. therefore influencing police. One of my friend, a lawyer sent him the reply stating that the money is transferred to his cousins account and I have no liability. Even though he went and filed the case. I would like to know the possibilities of me winning the case. REgards
Vinodh
ABDUL RAZIQUE (Expert) 06 November 2013
Dear Author,
you file a counter case with material facts.
V R SHROFF (Expert) 06 November 2013
U have to defend . No choice.
u will WIN the case if tactfully handled.
[1] on 22-11-2013 you appear in Court,
[2] record your PLEA on 22-11-2013 that you are not guilty.
[3] Request for releasing you on P R Bond, or offer regular BAIL
[4] ALLOW COMPLAINANT TO FILE HIS CLAIM AFFIDAVIT IN EVIDENCE.

During all this time {Few months or a year} You have ample time to dig out all the details for your defence.

YOUR REPLY ADMIT YOU COLLECTED 2L.
YOUR REPLY ACCEPTED TRANSACTION AS ALIVE AND WITHIN LIMITATION PERIOD [ OTHERWISE IT WAS NOT A LEGAL DUE AS 3 YEARS WERE PASSED, AND PROMISSORY NOTE IS USELESS. ]

PEOPLE DON'T PLAN TO FAIL
THEY FAIL TO PLAN.

PLAN START FROM YOUR FIRST ACTION..
WRONG MOVE of pawn ON CHESS BOARD COST YOUR KING.
Notice must be carefully drafted, to WIN..
ABDUL RAZIQUE (Expert) 06 November 2013
A LOT OF THANKS V R SHROFF SIR, FOR FOLLOWING STANZA,


PEOPLE DON'T PLAN TO FAIL
THEY FAIL TO PLAN.

PLAN START FROM YOUR FIRST ACTION..
WRONG MOVE of pawn ON CHESS BOARD COST YOUR KING.
m vinodh kumar (Querist) 06 November 2013
Shroff sir, thanks for the response. I have travelling job. Is it mandatory to attend court personally every due date? Can I can exemption sometimes? or only the advocate can attend. Regards Vinodh
V R SHROFF (Expert) 06 November 2013
Thanks, Abdul,

I m at a eve of my Life.

We Lawyers try to repair the wrong moves of our client, who pay their costly king-size fees, for a minor pawn size mistakes.

After all, a Chess of Life.
For every Loser, there is a WINNER.

Bless You to plan well and WIN.
V R SHROFF (Expert) 06 November 2013
Vinodh,

Provision in cr.p.c u/s 205 allow you for exemption, if your job so required, and your Advocate must represent you.
Regards,

Adv. Vinodchandra R Shroff
m vinodh kumar (Querist) 06 November 2013
Shroff Sir, I appreciate your advice. With your blessings I can make the case accordingly.Regards Vinodh


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