Cheque bounce case on me need experts advice
Querist :
Anonymous
(Querist) 16 September 2011
This query is : Resolved
This is regarding the legal notice which i have received regarding the cheque bounce and a legal document signed as acknowledgement of debt received.
Facts:
1. I had given a cheque to my friend dated 25/05/2010, but he has manipulated the date and honoured on 21/03/2011 which has been bounced and gave me a legal notice on 15/09/2011 to my office.
2. I have cleared the money in cash, because he was so called close friend who told me that he had lost the cheque and received the cash from me. I have only the bank deposit slips which i have retained.
3. They have forcibily thretened me and taken signature on a legal document when nobody was at home.
4. The truth is that this money is something which is not that he had given me. But we together had invested in a firm which scammed us. But now he claims that i should pay him the entire money.
5. He has taken most of the money from me by cash.
6. I have his cheques which he had given me to keep as a note of acknowledgement till he returns my documents on receving the money. I have been terribily fooled by a so called close friend.
WHAT TO DO ? He is sending threatening emails and legal notices to my office. Am scared that my job will be in stake. He has challenged to built a bad reputation for me at work place.
Guest
(Expert) 16 September 2011
Wonder! Close friend, manipulation of contents of a cheque, notice from him, threat and forcible taking of signature on a legal document, all events do not match with the word friendhsip and what to say of close friend. What type of close friend he was?
The following questions arise, which you need to clarify before some advice is given:
1) What is amount of each cheque individually?
2) What is the nature of legal document on which he took your signature forcibly?
3) Did you give any receipt at any point of time before you gave cheques or signed the legal document?
4) Do you have any evidence or receipt granted by the investment firm in favour of your friend?
ajay sethi
(Expert) 16 September 2011
in addtion to questions raised by MR dhingra please answer the follwing
1)did you issue cheque dated 25/5/10 with any covering letter
2) you have said he has manipulated date . is there any overwriting on the cheque ?
3) whether payment in cash was made after issue of legal notice. ?
4)did he inform you in writing that cheque was lost and pay me in cash ?
5)when your signature was obtained forcibly on legal document did you file any police complaint against your friend?
6) consult a lawyer before you send reply to legal notice . also copies of email and legal notices sent to you .
Querist :
Anonymous
(Querist) 16 September 2011
Am sorry if i have provided insufficient data. Answering for questions from Mr.Dhingra
1) What is amount of each cheque individually?
I have given only one cheque worth one lakh only, and a document which was signed me owing 2 lakhs for him.
2) What is the nature of legal document on which he took your signature forcibly?
Am really not aware of this. It was a bond paper, there were nearly 10-20 mens around me, the situation was worst and i didnt even notice its value. Me being a female quite possible that i could not face all of them. There are eye witnesses around that place who have literally seen this, but nobody came for myhelp.
3) Did you give any receipt at any point of time before you gave cheques or signed the legal document?
Am not clear with this.
4) Do you have any evidence or receipt granted by the investment firm in favour of your friend?
The transaction was done online, i have the email receipt only and the screenshot of our account.
Yes Mr.Dhingra these kind of blacksheeps do exist and i have seen who take advantage of friendship
Querist :
Anonymous
(Querist) 16 September 2011
Answer to questions to Mr. Ajay
1)did you issue cheque dated 25/5/10 with any covering letter
No, why will i give a covering letter to my friend who was very much close to me. I gave him the cheque which was supposed to be honoured once we receive our profit money from the company. But the company turned scam. On knowing that company turned scam, was what all followed with me. He told that i gave cheque because i have taken money. But i have not taken any cash nor deposit to my bank accounts.
2) you have said he has manipulated date . is there any overwriting on the cheque ?
I have given the cheque dated 25/05/2010 he has honoured to bank on 21/03/2011. According to what i know cheques are valid only for six months.
3) whether payment in cash was made after issue of legal notice. ?
No, the payments were made very much earlier. So he declared that he would not contact me anymore but had not returned my cheque as he told he lost it and that the documents were not in his posession. They even denied to give me zerox copies of it. After 6 months when everything was cleared from my end now he has raised this suite.
4)did he inform you in writing that cheque was lost and pay me in cash ?
He was my friend. Normally such thing doesnt happen between friends. But yes i do have chats and messages which he had sent stating that he lost my cheque.
5)when your signature was obtained forcibly on legal document did you file any police complaint against your friend?
The documents were signed on november 2010 i dont remember the exact date. No i was threatened that he will not allow me to write the exams if i had complained.
Querist :
Anonymous
(Querist) 16 September 2011
I have been terribly trapped, i have no other proofs other than one deposit slip worth 40000rs deposited to his account. I have made another deposit also but i dont have the slip for that.
Also i have his cheques which he had given to me. Should i honour these cheques. These cheques were not signed infront of me. I suspect if that is really his sign. I dont want to again get into troubles by passing a counterfiet cheque.
What do u suggest ?
ajay sethi
(Expert) 16 September 2011
well it appears you hardly have any indepth knowledge of your own case .
consult a local lawyer let him prepare reply to legal notice after going through your papers .
cheque has validity of 6 months , if you have issued chque in may 2010 then prsentment is beyong vaildity period . in addtion you have some evidence wherein he informed you that cheque ahs been lost and you have paid money in cash .
Querist :
Anonymous
(Querist) 16 September 2011
OK, thanks for the reply sir.
I have consulted one local lawyer, he says me not to worry as i have his cheques.
He is asking me to file a criminal suit against my friend. Shall i just go ahead with his advices.
Guest
(Expert) 16 September 2011
Hi,
Thanks for your clarifications. But, even if your local lawyer has told you not to worry, that is not enough. So, you need not become careless about that. You will have to keep at hand remedies to your problem, so that problem may not arise all of a sudden due to the legal document alrady taken by the other party.
About receipt, you may think about money receipt or acknowledgement in lieu of money, if any, given by you at any time before signing of the legal document.
From your clarification the following more queries do arise:
1) Was the online transaction made by you on behalf of your friend, or your friend himself/ herself made the online transaction with the firm?
2) Was the online transaction for your friend made on your own computer or on the computer of your friend?
3) What is the present position about cheque, as some contradiction appears to be there as at one time you say that the friend told you the cheque was lost and other you also say that the cheque is with you now as you intimate about consulting a local lawyer?
If you know the names of a few persons, who came to you and helped him to get your signature forcibly, you can lodge a complaint with the police naming all those persons stating that they took your signature forcibly from you. Let the police investigate and recover that document and ask for return of that document through plice. If he says that he did not take your signature on any document that statement may also help you at the time of need.
Querist :
Anonymous
(Querist) 16 September 2011
Sir, answering your queries
1) Was the online transaction made by you on behalf of your friend, or your friend himself/ herself made the online transaction with the firm?
transaction was made by me only online. The account was created by me to invest. But we both shared the username and password. So that both can access.
2) Was the online transaction for your friend made on your own computer or on the computer of your friend?
The transactions were made from my own computer.
3) What is the present position about cheque, as some contradiction appears to be there as at one time you say that the friend told you the cheque was lost and other you also say that the cheque is with you now as you intimate about consulting a local lawyer?
No my statement clearly is to say that my cheque is with his possession which he bounced already. I have HIS CHEQUE with me which he gave to keep with me until he returns my documents which he did not do.
I have not given any receipt in writing or anything before signing the legal document. Because i havent received any money from him.
Querist :
Anonymous
(Querist) 19 September 2011
@ Chanchal Nag,
First and foremost i dont have any necessity to suppress the fact on an online community.
I have kept it very open to clearly tell exactly what happened.
Yes, i am a big fool to believe my enemy in the disguise of a friend.
If you can give suggesstions its helpful, your comment doesnt not provide any usefulness and just further hurts ones self respect.
I am following as Mr.Dhingra as said, thank you sir, i am lodging a complaint against them for taking my signature forcibly. Also i will be producing the deposit slips which i have retained.
This is not resolved but am closing this thread because i dont want to have such comments like from Chanchal Nag which is useless and further hurting.
