Cheque related
chandra shekar
(Querist) 05 July 2012
This query is : Resolved
Dear Sir/Madam,
Greetings for the day.
I owed money from one of my friend 1,40,000/-, by giving 2 cheques .one is for 1Lakh.and other for 40,thousand,
and he have brought (2)ten rupees bond papers written that i have taken 100000 in one paper and 40,000 in other bond paper.
of which i have paid part payment 70,000/- rupees in front of my friends.and before that every month he used to collect intrest also for the amount ..and i have paid intrest around 97,500 for the amount i have taken. i still got to pay him 70,000/- . when i paid him first 70,000/- i asked to get the bond papers to amend . but he said he placed that papers somewhere when he finds he amend it.
I know his intensions were bad and i said when i get those papers i will return your money.then for few days he didnt talk about that.
Later i happen leave the job , because i worked with one airline , for which i didnt received salary for more than 6 months. even my financial situation was very bad and happen to leave the job and came to dubai and joined a new job.
after coming to this place, in my absence he started harrasing my family ,that to return his money back.
even when my wife is in office, his family members calls and distrubs her for the money.
later he treatend that he file a cheque bounce case.jst couple of days back my wife said that she received a call from a person . he introduced himself as cop from my police staion limits, he is calling from the police station and my friend filed a case against me for which i need to attend the court on this month.
from then even i could not concentrate on my work and jst thinking of my family. even they never faced this sought of situations before. even now iam not in a position to go back to the country because iam out of country.even iam still in probition period.and iam not allowed to go from here.
i really cant understand wht to do..please guide me what to do..can i get time for other 4months to go to court and when i go back can i file a case against him ..the mental agony what myself and my family going through, which is unexplainable.
please guide me..
Thank u ..
Devajyoti Barman
(Expert) 05 July 2012
I believe the copy of those Bonds are with you.
If yes then you can defend the case of larger amount for which you need to apper in those cases.
Unless you have documentary proofs of part payment you would be in great trouble to prove such payments so far.
As far threats and intimidation are concerned you can initiate appropriate criminal prosecution against him.
Rajeev Kumar
(Expert) 05 July 2012
Above the views explained by Barman sir when he produce the bond papers in court then you raise that whether he has money lending licence when he executed the bond paper if not then file a criminal as well as civil case.
malipeddi jaggarao
(Expert) 05 July 2012
How anybody can complain to police against the wife if the husband borrowed money? Your wife can take assistance of your friends before whom u make the part payment and explain the police about her stand if they are really entertaining the complaint.
JANAK RAJ VATSA
(Expert) 05 July 2012
your wife has not taken any money from him. she can file a case for criminal intimidation and harassment against him inthe police station. she should also send a complaint to the state women commission against his misdemeanour.
SAINATH DEVALLA
(Expert) 15 July 2012
Dear Mr.Sekhar,
Gone are the days of the proverb "A FRIEND IN NEED IS A FRIEND INDEED".Today all the relations are measured in terms of currency.You have 2 options.
1.Involving your common friends for mediation,pay him the amount,take whatever documents with him and settle the matter amicably.
2.As he has not presented your cheque yet,issue him a legal notice consulting a good lawyer in your place.
ashutosh mishra
(Expert) 15 July 2012
Take care of hints provided here by experts with which by and large I also agree .
But if one is to file a cheque case he needs to serve with a notice to the drawer demanding payment of amount of cheque then on non payment a complaint in court can be filed.
So where does come the role of any cop of any police station.
Hence I am sure it was a false disguised call by some one of his pocket who pretended or impersonated him to be a cop.
SAINATH DEVALLA
(Expert) 15 July 2012
Yes you are just being pressurised for the balance amount.
V R SHROFF
(Expert) 15 July 2012
You issue notice to him, demanding back your bond papers and your cheques, as you had already paid him a total of 97+70 k
instruct, not to deposit it, as you already closed your bank a/c [do it]
inform , you have no liability, and not to contact or harass your wife.
Certainly bond papers are with him + cheques, but he will not be able to deposit in bank.
[ For few friendly loan ML License not reqd in hand loans. , don't be misguided ;; Even I tax Act , no cash loan above 20k, do not help to accused ]
You will get Exemption for Personal appearance i Court u/s 205, as u r working abroad. You need not attend court regularly. Court Summon served to your wife [at all] is invalid. No 138 case without Legal notice of demand.
You need not worry.
