cheque bounce by a friend inspite of paying hand cash
rudra
(Querist) 01 August 2009
This query is : Resolved
Dear sir,
MY FRIEND USE TO GIVE ME MONEY TO PUT IT IN MY ACCOUNT AND GIVE IT BACK IN CASH. I GAVE BACK THE MONEY IN CASH. AFTER THAT I TOOK SOME LOAN FROM HER AND GAVE CHEQUE AS SURETY, I PAID BACK THE MONEY BUT SHE NEVER RETURNED THE CHEQUES. I HAD GIVEN CHEQUES WITHOUT PUTTING DATE AND AMOUNT. NOW SUDDENLY SHE IS DEMANDING 30LKHS AGAINST 10 LAKHS, AND SHE HAS FILED A SUIT IN CIVIL COURT WITH ATTACHEMENT OF MY PROPERTY PLEASE TELL ME WHERE I STAND , HOW TO WIN THIS CASE.
RUDRA
Kiran Kumar
(Expert) 01 August 2009
Rudra ultimately she will have to prove how she is entitled to recieve money from you.
u should ve been careful, u could ve made a complaint with the police that some of ur cheques have been stolen.
i would say it is the biggest foolishness to give a blank cheque against such a huge amount.
now what u ve to do is to shift burden upon her for proving how she is liable to claim money from u....it all will be matter of evidence.
compel her to produce any written agreement, bank statements, bank statement shall be complete in every respect, her income tax returns will be helpful.
i dont know what defence u ve taken, better discuss it with some local lawyer having good knowledge of such matters.
now finally u asked HOW TO WIN THIS CASE- all depends upon how u contest it, take good defence and adduce appropriate evidence.
if u r not able to find some lawyer in ur city....then u can browse through profiles of various lawyers here u ll find one from this portal.
rudra
(Querist) 02 August 2009
sir,
NOW AS YOU HAVE HEARD MY CASE , LET ME ASK ONE MORE QUESTION MY FRIEND HAS FILED A SUIT ON ME IN CIVIL COURT AND ASKED HALF OF MY PROPERTY TOBE PLEDGED TO THE COURT TILL THE CASE IS OVER ON WHAT EVIDENCE IS SHE CLAMING THIS WILL YOU PLEASE TELL ME HOW TO AVOID THIS.
RUDRA
