Moneylender threatening & falsely implicating in 138/420 despite repaying the debt
M. kumar
(Querist) 06 June 2015
This query is : Resolved
Respected elite experts, Namaskar.
I borrowed 19.5 lacs from a money-lender in 5 installments spread over the year 2012. By Dec 2013, I had already repaid 32.5 lacs inclucive of interest. During this period, right from day one as soon as the lender realised that I had spent the borrowed amount & will not be able to arrange immediately, he started demanding his money back. or else pressurised me to accept his unjust demand of 10% monthly interest till such time I fully repay loan & interest.
I was paid in cash and i also repaid in cash for which there is no documental evidence apart from a few recorded telephonic conversations where he is accepting recieving partial repayments and demanding more.
He is an influential person of the area with high contacts. He would threaten to harm my daughter & wife. Gradually, I was almost forced into his slavery. His terror was such that he made me write an agreement on a 100 rupee stamp paper and also i was made to issue him 4 cheques amounting to 19.5 lacs.
All during this tenure, on slight delay in repayment, he would create nuisance at my residense. Despite of my regular repayments, i was misbehaved with a few times.
Once i had already repayed 32.5 lacs for which i could not dare to ask a reciept, i had no more source to arrange more money & his demand persisted. Now the agony was too much for me.
We are a respectable family. When people saw us socially suffering at his hands, a gathering of respectable members of the society called the lender and cautioned him not to harasse us anymore, but he didn't pay heed. Then i wrote to local police and consulted lawyers club india panel who guided me to write to my bank to stop payment of my cheques & send a notice to the lender to return my cheques.
In response to this, the lender filed a complaint case at his hometown Aligarh on 11/08/2014. Already three hearing dates have passed with "Appearance" as the purpose of the hearing. He simultaneously filed a case u/s 138, 420 at G.B.Nagar of which one hearing date has passed already & next date fixed on 13/06/2015 for "Further Order" as stage of the case.
I only came to know about these legal proceeding today only & that too through internet e court site.
Sir, I have nowhere to go & my family is shattered. We have lost all hope. Now, only you can save us. Please help promptly.
SAINATH DEVALLA
(Expert) 06 June 2015
U said U paid 32.5L(incl interest) for a loan amount of19.5L. Can U clarify this line( During this period, right from day one as soon as the lender realised that I had spent the borrowed amount & will not be able to arrange immediately, he started demanding his money back. or else pressurised me to accept his unjust demand of 10% monthly interest till such time I fully repay loan & interest.)
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 June 2015
You have been posting your problems on many threads since long.
1) Most of the cheque bonce cases has more or less similar trajectory.
When in need of money people give all sorts of agreements and cheques and agree for even un real terms.
As time passes it becomes impossible to repay and hence start finding ways to come out.
2) Factual matrix is against you but you and similar others can contest the cases on technical issues.
Engage good expert advocates who can legally solve your problems.
SAINATH DEVALLA
(Expert) 07 June 2015
Right analysis by the above Lr.Expert,nothing more to add.
Guest
(Expert) 07 June 2015
I don't know, what is right or wrong on your part, but one or the other description makes your story imaginary. Can you clarify the following points:
1) Was your business so big that you had to take a loan of 19.5 lakhs during a very short period?
2) If your business was so big having the need of funds to the tune of 19.5 lakhs for investment, why did not you try to get overdraft from your bank with which your would have been maintaining a current account?
3) When you agreed to pay interest @10% pm on your loan amount of Rs.19.5 Lakhs, were you expecting so big a profit out of your business to be able to repay interest amount of Rs.1.95 lakhs per month?
SAINATH DEVALLA
(Expert) 07 June 2015
Dhingraji,
Till now he has not replied to my earlier clarification.He says he has already paid back 32.5L(inclusive of interest) for the loan taken in 2012.
I just conclude that this is an imaginary query,if the author does not clarify the above.
R.K Nanda
(Expert) 07 June 2015
case complicated and thus for more legal advice go for click to talk option of LCI.
Rajendra K Goyal
(Expert) 07 June 2015
Consult local lawyer and show him all the documents and the case file, defend the cases against you.
Guest
(Expert) 07 June 2015
Sainath ji,
When he has no answer, how he can be expected to answer. The desription of the query, itself indicates as if an immaginary query.
In fact, it is his repeated query. He posted this query before one year also.
Just 22 hour before (yesterday), he acknowledged the advice of Shri Biswanath Roy pretending to follow the same by saying,I realize that i will have to contest my cases, whatever my situation be. But what I am praying from all these learned experts is just to guide me of the correct & appropriate legal course of law that i should follow to save me & my family and try come out of this web. I KNOW YOUR WISE ADVICE TILL DATE HAS GIVEN ME BELIEF & SHOWN ME A RAY OF HOPE TO FIGHT ON."
The following is the LINK:
http://www.lawyersclubindia.com/experts/Money-lending-476041.asp
But, at the same time (22 hours before) he posted repeated query. I wonder to know what was the reason for posting a repeated query, when he decided to fight on and made Shri Roy known that he was almost satisfied with his reply.
SAINATH DEVALLA
(Expert) 07 June 2015
Probably he has deleted his account.Wasting time for unwarranted queries.
M. kumar
(Querist) 11 June 2015
Respected Experts, Namaskar,
We can't afford net at home these days, so i have to depend on local cyber cafes to access this forum. Thanks for taking time-off your busy schedule.
I went to Aligarh to get the details abt my courtcase about which i came to know last week only. Hence, the delay to furnish reply to your clarifications. My Sincere apologies.
@ P.S.Dhingra ji : Sir, I had to repost my query again as whenever i would post in my previous Query, it showed the status of the Query as resolved. Hence, I thought I might need to repost my Query afresh to get it an OPEN status.
Now, the point-wise reply :
1. Sir, I am a small-time real estate consultant. I got an offer from a corporate house to get sole selling-rights to a couple of their high value properties if I would put in some monetary stake in those properties. Though the profit margin was meagre, the pride to associate my business with them, was why i arranged funds and tied up with them. @ Sainath Sir: clarification to your query that soon after this, lender demanded immediate return of money or else agree to his terms.
2. The banks don't finance for such ventures, nor I had the requisite documents to establish my worth for such Bank borrowing.
3. At no point did I agree to a interest return of 10% p.m. as that is simply not practical. The money lender extorted money in such proposition by threatening me for life of my family. @ Advocate Defense Sir : The cheques were issued to the lender for borrowed amount only and even the agreement on stamp paper mentioned acceptance to return of borrowed amount only and no agreement to any other un-real terms was signed. Respected Sir, you yourself acknowledge that Most, but Not All, cheque bounce cases have a simillar trajectory.
@ PS Dhingra Ji: Sir, My immediate rush to Aligarh on Sir Biswanath Roy's wise advice may make you believe that I was not pretending, but following his advice in total. There,I came to know that the lender has not filed two different cases at different places but it is the same complaint at Aligarh that is subsequently been transferred to G.B.Nagar for compliance to place of cheque dis-honour jurisdiction.
@ Sainath ji: Sir, it is you & galaxy of other distinguished Experts on this Forum who are working hard to make sure no-one deletes his account before he has his Query RESOLVED. Gradually I have developed a belief that there can't be a situation which doesn't find a solution here on this forum. And Hence, I had posted my problem in this thread only and nowhere else: @ Advocate Defense Sir. My intent in the transaction was honest as I kept on repaying till I dried all my available monetary resources & assets, much more than my actual agreement.
Looking forward to all of you elders blessings so that me & my family may come out of this web.
Please keep coming in your invaluable path-showing.
SAINATH DEVALLA
(Expert) 11 June 2015
Comming to the cheque,have U mentioned the loan amount and date on the cheque?
M. kumar
(Querist) 11 June 2015
Sir, the cheques were undated, in the break-up of 4.5 lac+5 lac+10 lac amounting to a total of 19.5 lacs. As I have come to know, they were presented in July, 14. Represented again 10 days later & subsequently the complaint was lodged in Aug 14.
Biswanath Roy
(Expert) 14 June 2015
To solve your crucial problem by taking strategic legal planning i.e., to kill the snake without breaking the stick a legal conference is needed with all papers and documents in your hand. But so far so the question of determination of quantum of interest over the loan amount arises it will follow provisions of INTEREST ACT.
Guest
(Expert) 16 June 2015
Mr. Kumar,
Thanks for clarification. But still sufficient detail is wanting. Even you have not mentioned, whether you have hired services of any advocate or not and if not, any reason for that. If you have already hired services of the advocate, you have not mentioned what actually is his advice for you after examining your documents with reference to the petition against you. However, you are advised that based on the information available on the documents with you, you may better discuss in person with some expert by getting your documents examined, as without examination of documnts, scop of misunderstandings or side tracking of advice cannot be overruled.
About the problem when website shows the problem resolved, nothing debars you to show that as open as on clicking on the "open" menu appearing below the term "resolved", you can keep the query open. Even otherwise also, you can continue to post the information on the space provided for message and submit. Your message can appear at the same original page of the thread.
M. kumar
(Querist) 19 June 2015
Thanks for your wise advice Sir,
@ Roy Sir : how will a legal conference take place, pl elaborate sir. Secondly, the lender is in complete denial of recieving any repayment, leave aside the interest quotient.
@ Dhingra Sir : Yes, I had hired services of an advocate at Aligarh, but since the case was subsequently transferred to GBNagar, I again hired another Local Advocates services. He got me the copy of my case file from court.
His advice is that since I have neither got any notice from the court nor got any summons, I dont come into picture at the moment. Hence I should not be pro-active and should react to court proceedings and not act on my own. He adds, once I get a summon which may take another couple of months more, I should appear in court & will get bail the same day.
As far as the documents with me, I have the following :
1. A letter sent by regd post to the lender asking him to return my cheques since I had already repayed the total loan amount.
2. An instruction to my banker to stop payments to the issued cheques through regd post.
3. Complaint to the Zonal IG, SSP, SO requesting them to intervene ang get me my cheques from the lender, explaining the issue to them and pleading them to provide me & my family protection.
4. Datewise repayment record maintained by me.
ALL OF THE ABOVE WAS DONE BY ME BEFORE THE FILING OF CASE AGAINST ME.
5. Few Call Recordings where lender is acknowledging a few repayments and demanding more money.
6. Call recordings where Lender is threatening me for life, abduction & rape.
7. Lender is fighting simillar cases against others. That record is also available.
8. Call recordings where he is threatening other parties and refusing to return their cheques as well even after they have repayed double the amount.
9. People who sometimes accompanied me to the lenders house at the time of a couple of partial repayments can give witnesses in court.
NOTE : I am afraid this case will again be transferred to Aligarh, as soon Govt is coming up with an amendment that cheque bounce cases can be tried anywhere the complainant wants.
Guest
(Expert) 19 June 2015
Government has already come up with the amendment through an ordinance, dated 15.06.2015.
Anirudh
(Expert) 19 June 2015
Do you mean to say that you repaid the loan amount by means of cash payment and NOT cheque payment, and yet not got any receipt acknowledging such repayments?
Biswanath Roy
(Expert) 19 June 2015
Legal conference can be held either at Kolkata at my Chamber or at your place by prior appointment.
Or in lieu of:-
By arranging Video Conference;
Or,-
You may mail me scanned copies of documents 1 to 4 above for my full opinion in writing with references to various judgements up to date for your defence against possible charges u/s. 138 N.I. Act and 420 IPC.
For the above services usual professional terms shall apply.
M. kumar
(Querist) 19 June 2015
Thanks for bringing it to my knowledge, Dhingra sir.
@ Anirudh sir : yes sir, exactly. First time when I asked for a receipt, I was told that if I needed a receipt, then he was not interested in any deal with me & I can return his money immediately. But by that time, I had already invested the borrowings & was in no position to return.
And then gradually his terror started spreading & he started dictating terms & I soon submitted to his dominance.
@ Roy sir : Thanks. Process noted Sir.
