Regarding pdc(post dated check)
Guest
(Querist) 07 March 2014
This query is : Resolved
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Devajyoti Barman
(Expert) 07 March 2014
Since you have taken money, it is natural that you should repay him.
What is bothering you then?
Do you want to avoid repaying him who stood by you at the time of need at least financially.
Repay him , take receipt of payment and take delivery PDCs as well.
Guest
(Querist) 07 March 2014
i am not working and my family is also not strong to repay as i have spend all the money.Secondly we were in affair so it is natural to spend money on friend.I don't have money to repay him in that case how it is possible for me.Now he has given a legal notice at my home for check bounce .Suggest what to do
Rajendra K Goyal
(Expert) 07 March 2014
You have taken money, you have spent it, you have given PDC for it. He can present the cheques and file 138 NI Act case of cheque bouncing to put you in trouble. He can also lodge FIR against you.
You are under moral and legal requirement to arrange for the money and pay it after acknowledgement and taking back PDCs.
Guest
(Querist) 07 March 2014
i can say that he forcefully made me to sign that cheque or emotionally or even i can say that he cheated me buy not marrying me.Any way i can get out of this without giving him money please suggest
V R SHROFF
(Expert) 07 March 2014
Once you issued PDC, u r bound to pay.
y not agree to marry?? it is ur fault, that u listen to your family, after "relationship" breaking his heart and spoiling his life too...
get married to him.....
ajay sethi
(Expert) 07 March 2014
your boy friend cared for you hence he advanced you money when you were jobless . he wants to marry you but on account of family pressures you refused . repay the loan advanced by your lover
Guest
(Querist) 07 March 2014
in worst condition if he files a case against me than what can be the judgement done by the court.
ajay sethi
(Expert) 07 March 2014
atmost you will go to jail for 2 years . in addition your ex lover may file civil suit against you for recovery of amount .
Guest
(Querist) 07 March 2014
he used my body my emotions etc. For that i am not asking him anything is this point will not be noticed by the judge.
Guest
(Querist) 07 March 2014
i can also say that he cheated me he trapped me in his game
Rajendra K Goyal
(Expert) 07 March 2014
After being trapped, what would be the result for the trapped.
Since you accept that you are trapped, however, this is your version, everyone can not agree to it, it would be better to settle the matter amicably.
ajay sethi
(Expert) 07 March 2014
you had sex with him by mutual consent . no case of cheating is made out
Guest
(Querist) 07 March 2014
any way i can get out of this ....i dont have money to return him
Guest
(Querist) 07 March 2014
please suggest is their anyway i can get of this ....
V R SHROFF
(Expert) 07 March 2014
MARRY HIM AS DECIDED EARLIER BETWEEN BOTH OF YOU...
IF U LOVED, WHY HATE NOW, WHY TROUBLE EACH OTHER?
note that he did not complaint of 138ni/ or cheating..
Even you did not complain:
So why listen to your family members only??
They will accept your marriage, once u r mother...
Guest
(Querist) 07 March 2014
i dont want to marry him just wanted to get rid of this situation.In this case how can i defend myself
Devajyoti Barman
(Expert) 07 March 2014
You have to pay him. Only because you allowed him to enjoy your body when I presume you were no less enjoying, you can not avoid making repayment.
Arrange the money or be ready for facing consequences if he brings legal proceedings.
Guest
(Expert) 07 March 2014
Hire services of some local lawyer to help you.
Guest
(Querist) 07 March 2014
KIND ATTENTION MR PS DHINGRA .......i will get in touch with local lawyer if there is any option .....kindly update is there any option by which i can be safe
Guest
(Expert) 07 March 2014
No option, except mutual settlement, in view of query description.
Devajyoti Barman
(Expert) 07 March 2014
Author does not seem to be convinced in spite of unanimity of all the advice here.
Guest
(Querist) 07 March 2014
i am convinced but my situation is very critical i am not having money to return him my family will not support me as they too are not strong i am in trouble so i was asking a way out from it
Guest
(Querist) 09 March 2014
I concerned a local lawyer he says that PDC case cannot be win without putting obligations on the boy.he suggest to file case against the boy for sexual exploitation and harassment.by this the boy will be pressurised and he will compromise. Please suggest is this will be ok for me to get out of this .....plz help
Guest
(Querist) 09 March 2014
please suggest ....
DEFENSE ADVOCATE.-firmaction@g
(Expert) 09 March 2014
It seems you got the advice due to recent high profile cases. But in such cases the complaints were immediate and in other cases just because of high profile nature there is action.
So if you venture now in such complaint than you have to create lot of story which may not be trustworthy due to passage of time.
There may be initial trouble for the other side but think of your future life, every body be scared of you.
Better settle the thing among your selves.Take help of elders if possible.
Guest
(Querist) 09 March 2014
he was in liven relationship with me from last 6 months ,and whenever i do the talk that ill not marry he used to ask for the money he had given me.Last year also i complained in police help line because he told my father about the money which i had taken from him.Secondly why he helped me it is because he was having some intentions or feeling with me and where it is written that if a relation is broken then one use to give back the money.
Sudhir Kumar, Advocate
(Expert) 11 March 2014
your family is not financial strong
you are not financially strong
finding him as green pasture you resigned your job.
you lived with a man and and made him to spend money on you (beyond repaying capacity) by falsely promising to marry him.
after sqeezing him you say you will not marry him.
at the same time you will not return money not your parents will
you are also saying that
"he used my body my emotions etc. For that i am not asking him anything is this point will not be noticed by the judge. "
by using this sentence you are proving yourself as you may not be.
It is his good luck you have given PDC otherwise he was totally helpless after being cheated.
IF A CRIMINAL CASE IS FILED DO NOT EXPECT A LAWYER TO WORK IN CHARITY FOR YOU PAY HIM HEFTY SUM and still go to jail and still be forced to pay.
Even you future husband will be liable to pay.
RETURN HIS MONEY AND GET PDC BACK
Devajyoti Barman
(Expert) 11 March 2014
we are here to advise on legal dispute, not for advising to file false cases to avoid repayment.
You are cutting a very sorry figure for yourself.
ajay sethi
(Expert) 11 March 2014
query is resolved
Guest
(Querist) 23 March 2014
i have got a notice from that boy lawyers under 138 Ni Act.The notice states that if i will not pay the said amount then he will file a crimnal case on me .Please suggest what to do.
Devajyoti Barman
(Expert) 23 March 2014
repay him asap or face criminal proceeding. It was waiting to happen as We all suggested.
Guest
(Expert) 23 March 2014
Notice under sec. 138 may not be taken casually, mere as a threat, but can take the shape of reality, as sec. 138 is very clear to be taken seriously. No let up. Provision of jail term is also there.
Guest
(Querist) 23 March 2014
dear sir we were into a relation ,we were having a affair and if due some against circumstrences we are not able not get married then for this is their any law in india which states that i have to pay back him all the expences he made on me in the relation my point is only this ...please answer
Anirudh
(Expert) 23 March 2014
It is not the question as to what sort of relationship that both of you had.
The question now is, you issued not one but more than one PDC.
Once you issue a cheque, the presumption in law is that you have issued the cheque to pay the 'debt' that owed by you to the person in whose favour you gave the cheque.
If such a cheque get dishonoured, either you have to make good the payment within 15 days from the date of receipt of notice, or give a very sound reason saying there was no 'debt' owed by you and that the cheque was not issued towards discharge of that 'debt'.
If you owe a debt, you have to make the payment within 15 days of receipt of notice. If not made, on the 16th day offence get committed and complaint can be lodged against you in the Criminal Court.
If you have taken a stand that there is no 'debt' from you, and also have proper explanation as to why you issued the cheque even though you did not have any debt, then you have to reply to the notice through a Registered Post.
Therefore, if you are going to give the reply, give the reply well in time through Registered post (without waiting for the last date) so that he receives your reply in time and in any case before 15 days. (It is not enough if you post it before 15 days, he should also receive your reply within 15 days).
If the person who issued the notice is not satisfied with your reply, he will file a complaint before the Magistrate against you for the dishonour of the cheque. But, in case you have issued the reply, and if he had received it well in time, he has to mention the same in complaint.
Thereafter, after going through the complaint, if the Magistrate comes to a conclusion that there is merit in the complaint, a summons will be issued to you. You have to attend, and defend by stating your story, right on the first day.
THEREFORE, YOU HAVE TO HAVE A VERY SOUND REASON (not the reason that both of you lived in relationship etc. etc.) better consult a lawyer and give a reply.
Guest
(Querist) 23 March 2014
@Anirudh sir
i borrowed the money 1.25 lac from net transection but rest is not on notes. signed the PDC because whenever i was saying that we will not marry he asked for his money.He use to beat me torture me etc.I left the job and was going back to my home but he only stopped me by saying that dont go home ill help you and now he is demanding that money only.
He broke my heart ,he played with my emotions he cheated me
reason which i am having is only that we were into a relation and he is demanding the money which he spends on me ,i am not demanding anything from him he too used me
please suggest
Anirudh
(Expert) 23 March 2014
You say, you borrowed Rs. 1.25 lakhs. I think he will be able to prove he gave you the money.
Having borrowed the money, if you had not issued any cheque, then he would have found it very difficult to recover the money from you. BUT NOW YOU HAVE ISSUED PDCs. That is the problem for you. We are also not sure, as to how many PDCs you issued.
You have to get in touch with a lawyer for your problem.
Guest
(Querist) 23 March 2014
i have issued 25000 each 8 PDC ....means 2 lac PDC.At that time i was helpless thats why i gave him the PDC.In this case what will be my stand.And one more i have given him cheque but not written the date on it.only amount and his name is been written by me
Rajendra K Goyal
(Expert) 23 March 2014
If you have not written the dates on cheques, he can use any of these in years to come by filling the date.
Guest
(Expert) 23 March 2014
Every relation becomes irrelevant when the question of legal tangle comes to the fore, moreso, when the issue relates to money.
If you believe, the money was the cost of your past relations, no need would have arisen for you to issue PDCs.
Still further, if you believe your past relations can bring miracle, you could have solved the problem by mutual settlement of the issues instead of bringing the problem before the experts.
Noreover, had your past relations worked magically on the boy, he would not have got issued notice u/s 138 to you.
Now, since you are stretching the issue too far unnecessarily, I am of the view that you are just trying to expose your relations more and more, if you really had with the boy. Otherwise, due to excessive publicity of boy-girl relationshsip, I am getting doubt whether your story has any real base or is merely a hypothetical problem to make fun of the experts by misusing this forum.
So, better close the issue now once for all and settle the issues with the boy by opting for any one of the following courses of action:
(1) On mutual discussionsl or
(2) By payment of his dues; or
(3) By fighting the case legally, if you think the boy was liable to pay you the cost of having relationship with you.
Anirudh
(Expert) 23 March 2014
Now you have to find out some desparate defence.
Please indicate in which month did you hand over the PDCs?
Whether all the PDCs you handed over in one time, or at different times?
Whether the Cheques are CTS cheques or non-CTS cheques? Whether the serial Number of the Cheques given by you are continuous or different?
Is there any communication/letter from him available with you which will establish that you were in relationship?
In the notice issued by him, did he say that he gave any money to you? How much?
Does he say that he gave the money by net transaction?
On what date did you receive the notice?
Guest
(Querist) 23 March 2014
I handed over the PDC in the month of Nov 2013.All cheques at once. Serial number of cheques are continuous. Yes, there are plenty of Facebook chats gmail chats which shows we were in a relationship and he was living with me in a flat from last 5 months. Yes notice said that I am his office friend and he has given me 1.25 lac by net banking and rest by cash in reply of which I have given him PDC. Yesterday I received the notice
Guest
(Querist) 23 March 2014
the boy has also send the netbanking transaction details with the notice
Guest
(Expert) 23 March 2014
Fine, netbanking transactions can be used as proof against you about loan.
Guest
(Querist) 23 March 2014
ok i will pay him 1.25 lac which is done from netbanking for rest ill be forgranted or not please suggest...i dont want to be involve in these courrt cases as my future will be in danger suggest
Sudhir Kumar, Advocate
(Expert) 23 March 2014
leave aside net banking proof. your signature on cheque itself indicates you are liable to pay.
Instead of arguing better think how best you can pay.
Guest
(Querist) 23 March 2014
he forcefully made me to sign that ,he was giving torture whenever i said that i will leave he used to beat me abuse me ...for prevention of which i signed it
Guest
(Expert) 24 March 2014
What forcefully made you signed, when you would have received the amount in to your own account?
There is no use of making lame excuses here. Even if he forcefully got signed from you, that needs be proved only in the court of law when he files a case against you. Even by writing so much about your loan, you have given ample proof against you by yourself.
I think you can't resist in making stories after stories and extending this thread too long without any cause.
Sanajhdaar ke liye ishaara hi kaafi hota hai. But, even after advice by other experts also you are still continuing to stretch the thread too far, which in itself proves that you are making much ado about nothing by fabricating stories after stories. Even if there is any truth in your story, you seems to be not interested in settling your problem peacefully with your so called boy friend even after plethora of advice by the experts.
Don't you think by publicising the so called relations with the boy you are trying to blackmail him just to avoid payment back of your loan and for which he can even sue you for your blackmailing tactics.
Question arises, what type of friendship you had with him when you are bent upon giving wide publicity of your so called relations with the boy? I don't think you were his friend from any angle, rather you would have tried to get attached with him just to extract money from him in the name of friendship. Now, if you have received notice from him that can only be on account of your own unusual behaviour with him, i.e., the nature of your conversation with him probably aimed towards blackmailing him. Had you good relations with him, probably he would not have insisted you to return his money, what to say of sending notice under sec.138.
If you don't think to have received sufficient advice from the experts, you may better hire services of some local lawyer to tell him the stories and get solution to your problem of saving you from repayment of the loan.
Devajyoti Barman
(Expert) 24 March 2014
the author is wasting time for all of us by repeating the same query.
If she does not want to repay let her face the consequences.
Query is resolved and stop this thread.
Guest
(Expert) 24 March 2014
Sure, she seems to be destined to face the consequences of her so called friendship loan.
Guest
(Expert) 27 March 2014
anirudh is marketing his business by raising un necessary queries to the clients
V R SHROFF
(Expert) 27 March 2014
You said...""As you wish to file a complaint regarding a public ltd company for filing fraudelent compliances with RBI. you received no response from RBI,ROC ,SEBI etc after making my complaints.Now you wish to file the same with CBI""
Why not file this matter , asking CBI to investigate and punish , being immoral trafficking!!!
Let them investigate, who is in marketing business??
what they mkt, & make money immorally, illegally,
Why money in honey?? friendship must be clean, honest, everlasting;; Otherwise it too is business!!!!dirty business;;
Guest
(Expert) 27 March 2014
We are in the process of obtaining court directions Shri.V.R.Shroff sahib.Here by raising so many queries to the clients instead of replying them with what had given anirudh is trying to promote his business
Rajendra K Goyal
(Expert) 27 March 2014
Expert Mehar Afshan Ibrahim ji,
Objectionable comments from you. Anirudh ji is seasoned expert, he has not shown intention to promote his business while replying to the query.
Guest
(Expert) 27 March 2014
Generally you go thro his replies he is very inquisitive asking only more details copies of documents as an analyst i had made full study
ajay sethi
(Expert) 27 March 2014
for your information MR Anirudh replies are to the point. if at all he has sought clarifications it is to understand complete facts of your case .
generally without going through the documents it is not possible to give clear opinion to the querist .
Mr anirudh is a senior expert and he dosent need to promote his business by asking for clarifications .
Guest
(Expert) 27 March 2014
I fail to understand, how Ms. Mehar Afshan Ibrahim, a PREACHER, could become a judge on the marketing subject by terming Mr. Anirudh to try promoting his business?
Moreover, she has not mentioned, how she is concerned with the case of Ms. Avantika, when her own queries on the topic of cheque bouncing exists at some different page with the following link:
http://www.lawyersclubindia.com/experts/Bouncing-of-cheques-457016.asp
Shall I be wrong in assuming that she has landed on this page wrongly? If not, she may better offer solution to the querist instead of criticising other experts or may prove wrong the experts with the help of her legal know-how.
V R SHROFF
(Expert) 27 March 2014
LCI Experts are directed by Experts??
COMMENTED BY SO CALLED expert..; WITHOUT CONTRIBUTION THAT CAN BE RECOGNISED AS TOP 10 OR TOP 30?? & what qualify her as Expert???no name, no contact number,
WHAT LCI ADM Doing??? u know what is the action. pl take action immediately...
check abusive words used by Mehar Afshan Ibrahim""
just as she did not get favourable reply of her Query, of immoral & illegal relationship and extracted money for live-in relationship , sex, facing 138 ni!!Is it not prostitution???
LCI ADM: PL TAKE IMMEDIATE ACTION, BEFORE SHE SPOIL EXPERTS IMAGE.& make LCI a broth** :: what image & character she has to comment on established Experts???
Guest
(Expert) 27 March 2014
I fail to understand, how Ms. Mehar Afshan Ibrahim, a PREACHER, could become a judge on the marketing subject by terming Mr. Anirudh to try promoting his business?
Moreover, she has not mentioned, how she is concerned with the case of Ms. Avantika, when her own queries on the topic of cheque bouncing exists at some different page with the following link:
http://www.lawyersclubindia.com/experts/Bouncing-of-cheques-457016.asp
Shall I be wrong in assuming that she has landed on this page wrongly? If not, she may better offer solution to the querist instead of criticising other experts or may prove wrong the experts with the help of her legal know-how.
Rajendra K Goyal
(Expert) 27 March 2014
Expert Mehar Afshan Ibrahim ji,
Sorry, I totally differ with your views, try to observe decency.
Guest
(Expert) 27 March 2014
In Sha allah the truth is always opposed
Guest
(Expert) 27 March 2014
Ms. Mehar,
Your remarks, "In Sha allah the truth is always opposed" are really amazing. By the way what truth you see in your posts on this particular page, when the problem does not pertain to you, you have also not proposed any solution, and you have also not mentioned on what ground any of the experts here is wrong in his advice?
