Cheque bounce

Bechara Pati (Querist) 05 August 2015 This query is : Resolved
Hi experts

I had given money in feb 2011 to one of my friend to start a new business.Rs/- 250000/- by cheque & 10 Lakhs in cash. On term he will pay me Rs. 25000/- per month as a comission & origina amount was given for time of 5 years. & after 6 month comission will be fix as per work.Against that i have sign all chque book of 25 cheques from him. I got three cheuqes 25000/- via cheque deposite t/o my dad's account & fourth cheque was bounce.
When i disscus the matter he ask for 6 to 9 month time then i agree.. after that till date i did't get any money from his side all time he ask for more time. He gave me another cheque after checking accounts that my comisssion was near 1375000/- he again give me new cheque & ask for more time to deposite. Cheque hav no date only amount is there in figure.
Now i want to bounce the cheque & thinking of file the case in court. Kindly help how to proceed. & how much money i can get in this case ?

Thanks

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rajagopal.s (Expert) 05 August 2015
Hi
You need to speak to a lawyer in your locality urgently. the reasons are that the following questions are to be answered before giving an reply.
only a lawyer who has seen all of the below documents can provide you a correct legal advise.
the questions required to be answered are :

a) you had given part amount by cheque and a lumpsum amount in cash. so you need to provide for proof of payment of cash.
b) What is the principal amount stated in promissory note and what is the rate of interest stated in promissory note.
c) When was the promissory note executed?

ADV-JEEVAN PATIL, MUMBAI (Expert) 05 August 2015
If u cannot substantiate cash amount paid u cannot recover it. Moreover paying cash More than prescribed limit raises doubt of unaccounted money. However for bounced cheque u can make complaint under NI Act fulfilling serving required notice. It is advisable to take help of legal expert n proceed cautiously as the transaction is Partly in cash n partly in cheque

Rajendra K Goyal (Expert) 05 August 2015
Consult local lawyer and send notice and file case afterwards for cheque bounce.

Bechara Pati (Querist) 06 August 2015
Thank you all for giving me your valuable suggestions . My father had sold plot & that cash we recieved & give it to that guy & i have no promissory note. I have only stamp paper but that is also not signed by any one.
The deal was that he will pay commision as per machine count like Rs.5/- per counter & after 2 year when i check counter on feb 2013, that was more than 250000 count {250000 x 5} that is 1250000/- & he issue me cheque of approx 1375000/* & ask me to deposite after some time... & bye cheque it was 250000/* which i have proof of 2.5Lakh via my account in feb 2011. Now it is more than 4 year after too much request he did't want to show me machine counters. He is hiding from me.

Bechara Pati (Querist) 06 August 2015
One more thing incase of death of mine who is responsible for my outstanding on credit card bill ?

SAINATH DEVALLA (Expert) 06 August 2015
"One more thing incase of death of mine who is responsible for my outstanding on credit card bill ?"

Why did U get that doubt?

Guest (Expert) 06 August 2015
Think about the responsibility during life time, not after death.

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