Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Cheating and taking money giving false promised

Querist : Anonymous (Querist) 07 January 2020 This query is : Resolved 
I sr citizen ,on request of mr Gaikwad for financial help transfered Rs8 lakhs to his various accounts on the condition to make agreement with my son for doing Goshala business .after receiving money he did not make any agreement nor replied to my various mails and sms and he unilaterally used my money without our knowledge.
I lodged a police complaint against him for cheating and forgery.after some time he issued 4 blank cheques of Rs 1 lakh each signed by him.I filled up one cheque and deposited in bank but cheque returned unpaid with remark no funds in bank.
I again lodged a police complaint and this time police took our written statements in which mr Gaikwad admitted having taken rs 8 laks money from me and promised in his written statement to to police station return the money before 31/10/20019.
Now it is more than 6 months he has not returned my money till date
How to proceed with police station? Police is not taking interest
Can i deposit remaining 3 cheques and if returned unpaid proceed against him u/s138?
How to recover money? and how to deel with police station
Sb Karma (Expert) 07 January 2020
Yes proceed under cheque bounce case...before that consult with local lawyer,,,because you need to send him legal notice of money demand too,via lawyer help....then go for 138.
so please consult local lawyer for best assist,via online we can not exact help you,we just suggest you.Please visit local lawyer as soon as possible
Raj Kumar Makkad (Expert) 07 January 2020
You would have filed 138 NI Act case soon after dishonour of first cheque.
Raj Kumar Makkad (Expert) 07 January 2020
You should deposit the remaining cheques for collection if the same are still valid for presentation. As the life of the cheque is 3 months from the same mentioned in the cheque so do accordingly.
Raj Kumar Makkad (Expert) 07 January 2020
If you are having the copy of the writing of your so-called friend provided before the police authorities accepting the debt of Rs. 8 Lakh and further seeking time to re-pay to same upto a specific date then you can definitely file a civil suit for recovery, The path of criminal case is already open through police.
Raj Kumar Makkad (Expert) 07 January 2020
If the police is not initiating any action then you have 2 options viz-1. filing a criminal complaint and 2 Seeking direction from High Court for the police to act upon the already lodged FIR.
Hemant Agarwal (Expert) 08 January 2020
1. Based on:
a) Bank Money Transfer records
b) Police Statement of opposite party
c) All Four Cheques

2. FILE:
a) Private Criminal case in the local Magistrates court, for offences of Cheating, Intimidation, Fraud, Breach of Trust etc.... against the person, supported with all relevant supporting Documents & Witnesses.
b) Alongwith above simultaneously file Civil Court suit for Recovery of 8 lakhs and interest thereon and litigation costs and other damages /compensations.

3. Filing both above cases simultaneously, will make the opposite person come down with his Cash, for settlement. No other simpler solution, since 138 case will not yield the desired results nor will get you back your money, that was swindled from you.

Keep Smiling .... Hemant Agarwal
Dr J C Vashista (Expert) 09 January 2020
Very well explained and advised by experts, I fully agree and appreciate.
What is the opinion and advise of the lawyer engaged /paid by you, who is well aware about facts and circumstances of the case, an able, competent and intelligent enough to advise and proceed???
T. Kalaiselvan, Advocate (Expert) 15 January 2020
You can fill up the other cheques and get them bounced after which you can initite cheque bounce case against him, besides, you may even file a money recovery suit on the basis of his written statement admitting his liability, before the police and on the basis of other documentary evidences in your possession.

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

Click here to login now