Cheating and cheque bouncing
gajendra narain
(Querist) 18 February 2012
This query is : Resolved
Incident : Travel agent offered tour trips. Paid money for booking of tickets. Tour was not arranged. I asked for refund. Agency gave cheque which has bounced. I have filed case under Section 138 of NI Act.
Question : ( 1 ) Can separate case be filed for cheating, criminal breach of trust, misappropriation of fund ?
( 2 ) Who should be approached to find out as to what happened of the money paid for purchanse of ticket which is distinct from money lent for business ? This investigation will reveal the modus operandi of diversion of fund by such fraudsters.
( 3 ) What is the role of State in such situation ? Should State take the garb of Sec 138 and remain mute spectator or it should initiate investigation for recovery of amount and punishment against the unscruplous activities to save others ?
( 4 ) How can he be proceeded against the harassment ?
The case under NI Act is being interpreted as protection against any other action, proving to be premium to defaulters/frauds.
V R SHROFF
(Expert) 22 February 2012
Question : ( 1 ) Can separate case be filed for cheating, criminal breach of trust, misappropriation of fund ?:ANSWER: YES
( 2 ) Who should be approached to find out as to what happened of the money paid for purchanse of ticket which is distinct from money lent for business ? This investigation will reveal the modus operandi of diversion of fund by such fraudsters.:ANSWER: POLICE
( 3 ) What is the role of State in such situation ? Should State take the garb of Sec 138 and remain mute spectator or it should initiate investigation for recovery of amount and punishment against the unscruplous activities to save others ?:ANSWER: POLICE IS STATE [ not concerned of ni]
( 4 ) How can he be proceeded against the harassment ?:ANSWER: Police + consumer protection.
The case under NI Act is criminal action,for compensation u/s 357 + jail for re bounced cheque only.
