Non return of funds & bounced cheque
Mark
(Querist) 13 September 2011
This query is : Resolved
My friend from my native place, who frequents between Bombay/Bangalore was handed over 3 Lacs cash last Aug (2010); to be delivered to me for carrying out my house construction shortfall. Under the pretext of not being well he delayed coming to Bangalore. Promising that he'll handover today, tomorrow continuously and eventually could not even manage my desperate request for funds during my daughter's medical seat at Manipal. Even to the extent that my daughter lost the admission due to this. The REGD. letter sent to him of my daughters admission call, he did not accept. On giving a peace of my mind to him, he has sent through another friend 3 post-dated cheques (which are almost scribbled) totaling Rs.1 lac (3 different cheques). I know this will bounce.
In the event of cheque bounce, more than getting even; how can such cheats the cost of betrayal? The trauma that he has caused me and to my family members, I need to make him aware what it means. Such persons a societal pests, should not be let loose.
I have enough telephonic conversation evidence from the repeated desperate calls I made by me from overseas (on a project) as well as local calls made by my wife from Bangalore, pleading for return of funds.
What should I do?
Appreciate your kind advise as to how to go about.
Devajyoti Barman
(Expert) 13 September 2011
Apart from filing the cases for bouncing of cheques , you should file cases for cheating , fraud etc.
To recover the money you can file suit for recovery of money where you can claim damages as well.
ajay sethi
(Expert) 13 September 2011
in the event cheque bounces you are at liberty to file complaint under section 138 for cheque bouncing . but you will hav eto prove that there is debt due and payable . if the money was handed over in cash totalling rs 3 lakhs how will you prove that there is debt due and payable .
you can file summary suit undr order XXXVii of CPC . but do not file suit for damages as they take around 20 years to be disposed of atleast in Bombay
Mark
(Querist) 14 September 2011
Thank you very much Mr. Berman & Mr. Sethi.
I know Indian justice system quite precarious & 20 years in disposing such case, probably I'll be in the grave.
Suspecting him playing truant, I have recorded the telephonic conversation, past 2 months. Besides, he has issued these cheques as part payment; with subtle deception.
prabhakar singh
(Expert) 14 September 2011
Both opinions of Mr.Barman as well as those of Mr.Sethi are sufficient to act upon and needs no addition.
Guest
(Expert) 14 September 2011
I also agree with S/Shri Barman and Sethi.
Mark
(Querist) 02 September 2012
I have sent him a lawyer notice he did not accept it; post returned with "Intimated but not collected" note. My lawyer stated that now court notice should be sent. I think going ahead I will have to shell out more than the actual amount to recover the dues (that also after my death!).
This sort of justice system, I prefer to be a criminal as they have more laws protecting them rather than the righteous!
Thanks all the same. Issue closed.
Anirudh
(Expert) 02 September 2012
Dear Mr. Mark,
You know the system. It was not created so specially either for you or for me. It is there for all.
Before blaming the system, let us do some introspection.
Why did you not use the system for financial transfer available - either through cheque, dd, bank transfer etc., but opted to send the hard cash through a person?
Please remember, anything one thinks as a short cut, is in fact a long route. I may sound cruel, but I have this painful duty of reminding you as to where you faltered, since you were lamenting about the criminal justice system!
Mark
(Querist) 02 September 2012
Thanks Anirudh,
You are absolutely right. As I am 3500 miles away deeply trusted my friends and esp. this college/family friend over 32 years; traveling the very next day from B'bay to B'lore asked my people to arrange funds to reach (cribbing) house contractor (who also took max money & ran away without completion of the house).
Fate turned out to be so. I'm least concerned about the episode of 3 Lacs. But the cheques he gave me also bounced. I am concerned about this and basis of my lament; knowing fully well that cash is often an illegal instrument esp. in our context.
Sad thing is that do not have friends anymore trust only myself! I shall not falter anymore...
