LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Cheque return

(Querist) 26 May 2012 This query is : Resolved 
I am working in a stock broking company and there is one person who was working under me in the same company. At that time some of his clients had made losses during that time. then after some months i changed to another company as well he changed with me to that company. during that time i had issued a blank cheque on his favour but he deposited that cheque for ammount of 4 lakhs in bank. and that was returned for 3 times. as i was not operating that bank a/c i did not came to know about this. now he have left from the present company from last 5 months and have send an advocate notive that he works in a hotel as a manager and i was regular customer of that hotel so a good friendly relationship was developed among us. and that period he wants to purchase a land in our city and i have been identified as a branch manager of a reputed builder and construction company. so he had given me advance of 4 lakhs cash and as i was unable to provide the land i had given a cheque for that ammount and that have been returned for 3 times. now he is demanding notice to give 4 lakhs within 15 days otherwise he will file the case under Indian penal code (U/S 420) and (U/S 138) of N.I. act.

KIndly suggest what to do ? it is only his fraud to recover the looses amount from me on the previous company the clients had made.
Nadeem Qureshi (Expert) 26 May 2012
Dear Biswajit
your first mistake is to issue the cheque,second is that the cheque was blank.
now if you have proof that you have no money from him and you are not liable to pay any single panee to him only then you can save. otherwise there is no hope to prosecute this criminal case. you can send a reply of this notice and deny all the transaction, it may be useful in your defense, in future.
feel free to call
C. P. CHUGH (Expert) 27 May 2012
Well Advised by Mr Qureshi. Please reply to the notice as most of the defence fails if the notice is not replied in time.
C. P. CHUGH (Expert) 27 May 2012
Well Advised by Mr Qureshi. Please reply to the notice as most of the defence fails if the notice is not replied in time.
R Trivedi (Expert) 27 May 2012
You issued the cheque, when you were working together ? But he claims that the cheque was issued after he joined that hotel, he is suggesting a later date.

You can be defended but you have not given proper reason why you issued a blank cheue to him.
DEFENSE ADVOCATE.-firmaction@g (Expert) 27 May 2012
Replying the notice is a big mistake in cheque bounce cases since unknowingly many admissions are made which are fatal in the case and that is why so many convictions in lower courts.

What is the primary defense .,since the cheque was given and it was from the account of the accused and it is bounced.So other stories do not have reliability and hence the courts do not believe them to be trustworthy.

Basic defenses if notice is not replied.

1) cheque is not yours and not from your bank account.
2) You have not signed the cheque.
3) You do not know the holder of the cheque.

The burden to prove all these facts will be on the complainant which is not at all easy job.

V R SHROFF (Expert) 27 May 2012
Let him file a complaint, then defend.
Your statements should be to cut off the prosecution. So better do not reply notice.

When u recd notice?? where? in hotel or company or home??
Biswajit (Querist) 27 May 2012
i have received the notice in my home on yesterday
Shonee Kapoor (Expert) 28 May 2012
I dsagree with JSDN.

Reply to notice and then defend the case.


Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor (Expert) 28 May 2012
I dsagree with JSDN.

Reply to notice and then defend the case.


Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
DEFENSE ADVOCATE.-firmaction@g (Expert) 28 May 2012
Mr Shonee have you completely contested any NI 138 case.

Mr Shonee you are not an advocate so you should avoid making personal comments on any advocate on this site.

You may have different opinion which you can give the adm has given you long long rope.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :





Post a Suggestion for LCI Team
Post a Legal Query