Cheque bounce
sonu need help
(Querist) 16 June 2012
This query is : Resolved
Respected lawyers my husband gave 4 lac's rupees to one of his friend by taking gold loan from a local gold shop as that person said he will give the interest amount that we would need to pay and repay money soon an for same he gave 4 lac's cheque.And after some day he called my husband and asked him to make 12 lac's cheque which he said he need to show he will be getting money through which he will pay his house rent and other debt to his landlord and one more person to whom he had to give some money that and he convinced my husband by saying that he will be getting money in few day and he will repay full amount soon and he made my husband deposit that cheque in his account which he knew will get bounce because he knew we didn't had that much amount in account and he has receipt of that cheque. can we take any legal action against him as he have not paid a single interest and have not even returned my cheque which he made bounce knowingly please help me soon as the date of cheque is 25 June so need to know what i can do
- would be waiting for your reply
Devajyoti Barman
(Expert) 16 June 2012
1. First deposit the cheque asap.
2. Once it is dishonoured serve a notice for payment within 1 month from the date of receipt of dishonour from Bank.
3. Give him at least 15 days time in the notice for payment.
4. After expiry of 15 days from the date of receipt of letter file a case for dishonouring of cheque under NI Act.
Do engage an advocate.
sonu need help
(Querist) 16 June 2012
sir thank you for reply but sir as i have given a cheque of rs 12 lac's in first week of June 12 will it create any problem for me i am worried because of that i think he had intentionally taken 12 lac's cheque to create a problem .plz help me out
Dr J C Vashista
(Expert) 16 June 2012
First lodge a police complaint for cheating, defrauding and extortion.
Instruct your banker to stop payment.
File criminal complaint in Court for cheating, defraud and extortion.
Issue legal notice to return both cheques and
File a civil suit for permanent and mandatory injunction.
Engage a local lawyer.
Dr. (Maj) J C Vashista, Advocate
#9891152939
Ajay Bansal
(Expert) 16 June 2012
Agreed with Devajyoti.
ajay sethi
(Expert) 16 June 2012
did the friend sign any letter stating that loan of rs 4 lakhs was taken by him and he will repy it with interest?
was any time period mentioned in said letter?
when your husband gave rs 12 lakhs cheuq was it sent with a covering letter?
sonu need help
(Querist) 16 June 2012
Ajay sethi sir nothing was in written and not even covering letter was sent
Shonee Kapoor
(Expert) 16 June 2012
Do as advised by ld. Barman.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 16 June 2012
from the facts mentioned by you it would be difficult for you to prove that you had give loan of rs 4 lakhs . you dont have adocumentaryy evidence . the accused will deny that there is any debt due and payable
V R SHROFF
(Expert) 16 June 2012
agreed with experts advise
PARDEEP KUMAR
(Expert) 17 June 2012
Agreed with Mr.(Dr.) Vashishtha.
PARDEEP KUMAR
(Expert) 17 June 2012
Advice of Mr. Devjyothi,is correct for 138 issue, but other aspects of the question remain un-addressed. However, Mr. Vashishtha has given answers including the leftover part. So, go through advice of Mr. Devjyothi, read with advice of Mr. Vashishta and act accordingly. Better take help of a competent Advocate.
R Trivedi
(Expert) 18 June 2012
-- You received a cheque of his for Rs. 4.0 Lacs, no documentary evidence for any transaction.
-- You issued a cheque (other aspect apart) of Rs. 12.0 Lacs (obviously after the above cheque of his), that got bounced.
So, my dear friend, we do not know the truth, but the fact is if he files the case you are doomed, apparently in absence of anything, you do not have any material for complaint, but he can surely make your life miserable.
Your story is indigenstible, first you give the cash, take a cheque of Rs. 4.0 Lacs, then issue a new cheque for Rs. 12.0 Lacs which you allow him to deposit for bounce..and you want the court o believe this beautiful story, court agrees to what a prudent man would do.
sonu need help
(Querist) 18 June 2012
Thank you for advise.It is really helpful .
sonu need help
(Querist) 18 June 2012
Thank you for advise.It is really helpful .
