Payment delayed
nishant pune
(Querist) 30 October 2013
This query is : Resolved
HI,
If i have taken a deposit from a client for a service to be provided and have failed in doing so and have given him a legal notice of the same with post dated cheque explaining the reason for delay, is this a 420 case?
can the police arrest? if yes, can i apply apprehending anticipatory bail or anticipatory bail to prevent police arrest?
PLS EXPLAIN ASAP
Sarvesh Kumar Sharma Advocate
(Expert) 30 October 2013
If the complaint is as per your statement there is no ingredients of 420 but if there is any twist then case made out. So apply . A. B
Rajendra K Goyal
(Expert) 30 October 2013
In the given facts ingredients of 420 does not exist.
Raj Kumar Makkad
(Expert) 31 October 2013
If the money was taken for illegal gratification in the name of arranging for service with some other person of agency like govt. sector through illegal means then it do come within 420 IPC.
nishant pune
(Querist) 01 November 2013
no,
payment was taken for issuance of air ticket and we could not issue them due to financial problems.
Therefore, we sent them a legal notice with pdc explaining the reason for the non issuance of air tickets and refund of payment.
but the person wants to lodge a complaint and take police action inspite of getting notice and cheques
please advise what should be done. i live in pune .
total amount involved is approx 3lacs
nishant pune
(Querist) 01 November 2013
Also please note i am out of station now and the police is going to my house regularly to check on me. my phone is off and are unable to contact me.
Please advise can i apply for anticipatory bail or apprehinding anticipatory bail before going to police station to meet the gentleman concerned.
Apparently, my friend is in touch with the person and they have met at police station
as he wants payment before 6mths.he does not agree to 6mths pdc
THX
nishant pune
(Querist) 01 November 2013
I have another enquiry, what is normal procedure if a cheque has been returned.
i have a client whose cheque has been returned. he is not in pune and in untraceable. how do i go ahead with legal case in this matter?His house is locked since a month.
He is not replying to my emails also
THX
Rajendra K Goyal
(Expert) 01 November 2013
For anticipatory bail contact local lawyer.
Arrange the payment and explore if amicable solution is possible.
For cheque bounce notice demanding payment is to be sent in 30 days from the date of information regarding return of cheque and in 15 days case is to be filed.
nishant pune
(Querist) 01 November 2013
thx but my lawyer is saying that anticipatory bail can only be arranged once fir has been filed. and in this case, he checked with the concerned police station and NO FIR HAS BEEN LODGED AS YET.
So he is saying in this case , they will arrest first and then lodge/register FIR so that i dont have time for bail.
is it true???
PLEASE HELP ME AS I REALLY WANT TO GET A BAIL IN HAND BEFORE I MEET HIM AT THE POLICE STATION.
nishant pune
(Querist) 01 November 2013
ALSO IN BOTH CASES, IS THE POLICE INVOLVEMENT A MUST?
CAN I TAKE HELP OF POLICE TO GET MONEY FASTER FROM THE CLIENT WHOSE CHEQUE IS RETURNED?
ajay sethi
(Expert) 01 November 2013
if cheque is returned of your cleint then you can file complaint under section 138 Ni after issue of legal notice if client does pay within the stipulated period .
in addition you can file summary suit for recovery of your money . . police involvement is not necessary
V R SHROFF
(Expert) 01 November 2013
All ur Queries indicate that:
You collected money on false promise
You issued PDC, to repay, and that too bounced.
U r ABSCONDING!!!
DO U ASK QUERY WITH CLEAN HAND???
Or expecting us to help a Criminal??
BETTER SETTLE WITH THEM ,Pay their reasonable and justified dues, before u count months in JAIL...........
nishant pune
(Querist) 01 November 2013
Dear Mr Shroff,
The cheque which I have given them has not bounced.It is a 6mths post dated cheque and I am in touch with them on email.
I am ready to pay them the full dues but just need that much time.
Pls advise
Rajendra K Goyal
(Expert) 01 November 2013
If they are not ready to honor your PDC arrange money and settle. Amicable settlement is always better and in your interest.
Raj Kumar Makkad
(Expert) 01 November 2013
Police case is not maintainable in the given facts.
nishant pune
(Querist) 16 December 2013
please advise if there is a case going on for return cheque , can one travel out of india ? is there a possibility of not being allowed at international airport?
