Cheque bounce case-urgent
Querist :
Anonymous
(Querist) 22 August 2011
This query is : Resolved
Hi,
Last year, i giv blank cheque to my friend as a security because i get a LOAN of 50,000, but now i return his amount of 60,000 as we decided but now he want 1 lac more.
So May i stop my cheque in Bank??, so please sugest me wat can i do? , He have no evidence that i reciv 50,000 amount. he hav just blank cheque and i hav also not any evidence that i return him 60,000.
some lawyer sugest me close the account.
please reply fast
ajay sethi
(Expert) 22 August 2011
since your friend is refusing to return the blank cheque you file police complaint regarding loss of blank cheque in case your friend fills in blanks and presents the cheque the fact that you had filed police complaint prior to deposit of cheque will help you in the case .
in the alternative you send a letter to your friend wherein mention the fact that blank cheque was given as security and request him to return the same . the letter should be sent by Regd post Ad or courier
Kiran Kumar
(Expert) 22 August 2011
much practically advised by Mr. Sethi.
whether your friend is having some proof of giving loan or not?
Whether any receipt issued for repayment or not?
better would be to make it s cheque loss case and report the matter to police and simultaneously stop the payment of such cheque due to cheque loss.
Advocate Bhartesh goyal
(Expert) 23 August 2011
It will be more better to make report to police about loss of blank cheque and simultaneously instruct to bank to stop the payment of cheque due to cheque loss as suggested by Kiran.
Querist :
Anonymous
(Querist) 23 August 2011
dear sir,
I go to police station , they ask me file a DDR and stop payment in bank by asking that blank cheques are lost.
Is it OK???
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 August 2011
you got fast reply but do not act fast otherwise you will invite trouble.
Cheque from your bank account and with your signatures is enough proof against you.
Querist :
Anonymous
(Querist) 23 August 2011
Thanks Mr. JSDN,
So what can i do??? how i will secure ??
there is not any way to save myself from him??
prabhakar singh
(Expert) 23 August 2011
"since your friend is refusing to return the blank cheque you file police complaint regarding loss of blank cheque in case your friend fills in blanks and presents the cheque the fact that you had filed police complaint prior to deposit of cheque will help you in the case ." IS THE BEST WAY TO PROCEED AND I CONCUR Mr.SETHI LIKE OTHERS TO THAT EXTENT.
Expert : JSDN IS STILL TO TELL WHAT TO DO?????
SOME PEOPLE HAVE NO OPINION ,THEY HAVE ONLY OBJECTIONS TO OPINIONS,ANTAGONIST THEY ARE CALLED.
I PRAY ON BEHALF OF QUESTIONER THAT Mr. JSDN ENLIGHTENS US WITH SOME SOLUTION.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 August 2011
These are not mere objections but we face them daily in courts.
It will be sweet music if every body claims that his signed cheque is lost and any police complaint will be afterthought.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 August 2011
Apart from police complaint suggestions which will be cruel joke , the accused need not worry since there are simple sure methods to come out of any NI 138 case., but proper steps and efforts has to be taken from day one.
prabhakar singh
(Expert) 23 August 2011
"since there are simple sure methods to come out of any NI 138 case., but proper steps and efforts has to be taken from day one."THIS EXPRESSION,I KNOW,IS COPY RIGHTED TO Expert : JSDN!
BUT HE NEVER SUGGESTS OR DISCLOSES THEM.
WITHOUT SHARING KNOWLEDGE IS A WASTE.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 August 2011
Pl give specific actual case and I will show the answers , since I am for the accused in many courts. There can not be any reply for hypothetical questions.
I am not from the crowd of well replied, I also agree and all that.
Just for your thought take following note :-
Few examples of clever cross examination.
Now see the two sentences below :-
God is no where God is now here.
No change in a single word still just by rearranging there is whole lot of deference.
So I will ask a loaded question – this is just example , there will be similar questions depending upon the case for which lot of hard work has to be done.
QUESTION= Have you stopped beating your wife.
Any answer will trap him, since before he understands the question the reply will be yes or no. Yes means he has admitted that he was beating his wife earlier. No means he is beating his wife.
And particularly for NI 138 cases if the accused has not replied the notice after bounce of cheque it is very easy and simple to prove that no notice was received which will demolish the foundation of the case.
Dear sir FACT is not TRUTH but it is a door only to truth which any expert can twist.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 August 2011
Here except a few who really do hard work to give information other crowd is I AGREE , AND I ALSO AGREE OR WELL REPLIED etc etc.
In forum section there is more detailed discussion and and you will find lot of my answers to specific cases and if you check files section I file regularly recent cases on evidence and cheques from SC.
