Get legal notice by
atul kumar
(Querist) 31 October 2014
This query is : Resolved
Sir,
Before more than A year, one of known help me with the sum of Rs. 25000.00 (Twenty five thousand) after a time i returned his money back by cash and some with transfer to his another bank account, After some time he also asked me for help him with some money, though that time i was not sure that i can help him i tried to help him and give him two checks with different amount.total was 87000.00 but i can not arrange that money and the checque were bounced. but after that i give him cash of Rs. 100000.00. and did not asked him for cheque back.
Now after A year he send me a legal notice through a lawyer and blaming that i have taken Rs 350000.00 for flat purchasing, and he is threatening me that if i am not paid that amount within 15 days he will file civil case against me as per section 1860. please help me and guide me. i want fight a battle with him.
Devajyoti Barman
(Expert) 01 November 2014
It was your great foolishness that you did not ask for return and I believe you do not have any receipt for cash payment either.
Now you have to prove in the 128 NIAct trial that no money was legally due from you which would be quite difficult.
Try for settlement.
Anirudh
(Expert) 01 November 2014
Can anyone believe that you wanted to help your friend in need by issuing two cheques from different bank accounts, without checking whether balance is available or not?
When the cheques were bounced for 87000/- why did you pay him Rs. 100000?
A thoroughly unbelievable story.
atul kumar
(Querist) 01 November 2014
Sir,
thanx for reply.
the cheque was the same bank with different ammount. he never gave me a single rupees mor than 25000, and i already returned him 19000, by bank.
atul kumar
(Querist) 01 November 2014
he deposited Rs. 25000 in my account there is not more money i received by him. not officially or personally.
he his making fake allegations of Rs.350000.
what to do please help.
Regards
Atul Kumar
Anirudh
(Expert) 01 November 2014
If the cheque was issued from the same bank account, what was the necessity to issue two cheques that too when you did not have that much money (Rs. 87000/-) in your account?
atul kumar
(Querist) 01 November 2014
he requested me that if not possible in single term divide it in two part and you give me different date on cheque.
Anirudh
(Expert) 01 November 2014
The big question is, when you are not having any money in the bank account to give him, how can you issue a cheque? Even otherwise Nobody will believe that you are helping your friend. I am yet to come across a person, who, without having any money in the bank account, helping a friend.
atul kumar
(Querist) 01 November 2014
dear sir,
i understand that its difficult to understand my situation, by the way how can i get rid off it.
Anirudh
(Expert) 01 November 2014
It is not quite easy, unless you have good explanations. One has also to see the contents of the legal notice as to on what basis that he says that you owe him the money in the first place.
Devajyoti Barman
(Expert) 01 November 2014
You have to fight the case u/s 138 NI Act on merit wherein you have to prove that you were not in debt to him and the cheque was lying idle with him from before.
Meet a local lawyer with all papers.
Devajyoti Barman
(Expert) 01 November 2014
You have to fight the case u/s 138 NI Act on merit wherein you have to prove that you were not in debt to him and the cheque was lying idle with him from before.
Meet a local lawyer with all papers.
atul kumar
(Querist) 01 November 2014
dear Barman Sir,
thannx for you precious guidance.
i got recived only Rs.25000.00 in my account and i deposited the sum of Rs. 19000.00 back in his account.
It all is happened year before and i have not the deposit receipt. is it proof that i was in debt ?
atul kumar
(Querist) 01 November 2014
and he not send me the notice for Cheque bounce. he is claiming that he gave me the sum of Rs. 350000.00, (25000 through and remain amount in cash)and i ware promised him for a Flat(I am a civil engineer) which is false. notice is about IPC 1860.
Satya Mani Tiwari
(Expert) 01 November 2014
YOU ARE ASKING ADVICE ON FALSELY MADE UP GROUNDS. IF NOT PAY FOR YOUR FOOLISHNESS.
M V Gupta
(Expert) 01 November 2014
Issue suitable reply through ur Lawyer denying his allegation that u had taken 350000/-. The reply should be prepared by your advocate based on the records awailable with u. This would help u in defending any suit or case filed against u.
atul kumar
(Querist) 02 November 2014
Please suggest me the right way.
thanks.
Atul kumar
Nadeem Qureshi
(Expert) 02 November 2014
Dear Querist
first of send the reply of this notice to him through speed post or registered post with the help of the Lawyer. Engage a lawyer for fighting the case and he/she will be handle the matter.
Feel free to Call
V R SHROFF
(Expert) 02 November 2014
u r Hiding the Facts.
Anyhow, if he goes for civil case, as he threatened, just defend it on merit.
It will take years.. probably without success
I understand it is not 138 ni , but cpc 1860.
atul kumar
(Querist) 02 November 2014
sir,
you are right, i would like to ask that what shod i put the reason behind issued cheque of my current account by me.
regards
T. Kalaiselvan, Advocate
(Expert) 04 November 2014
You were advised to contact a local lawyer, discuss the facts and circumstances with him at length, take his advise and proceed legally.
