Client taken my cheque wihout my permission or liability
sachin petkar
(Querist) 06 September 2019
This query is : Resolved
I am middle person in one flat deal.
My friend A purchase under construction flat from my other friiend B
After two year due to possession issue A cancel his flat and demand refund as per market rate.
B submitted 5 lakhs and 25 lakhs is remaining amount.
A want his full refund immediately but B not having require amount at this time.
And recently i had kept my cheque book with my friend B due i am outside for some work. With crossed and signed.
Now A family started harrassing B and also me.
His wife forcefully and in threatened collect my cheque from B without my permission and threatening me if A not deliver his refund in two days then i will deposit my cheque also which taken without my permission.
And after she will do case against me
I am confused and afraid.
Please guide me what to do.
There are no transaction between A and me or any kind of agreement or liabilities.
PARDEEP KUMAR
(Expert) 07 September 2019
Appears that you are trying to befool experts here by placing manipulated facts, how can one believe that while you were out of town you kept your signed cheque with 'B' for what, how did A knew that B is having your cheque and did collect that.
Dr J C Vashista
(Expert) 07 September 2019
Pure hypothetical fabricated story for time-pass academic debate.
If there is some truth in the story, it would be better to consult a local prudent lawyer with relevant records for better appreciation of facts, guidance and proceeding.
P. Venu
(Expert) 07 September 2019
Yes, the facts posted are less than convincing.
Hemant Agarwal
(Expert) 10 September 2019
1. Since there is no privity of contract /agreement /liabilities between you and "A" AND since "A" has forcefully taken your signed cheques, lying in custody of friend "B", you can do the following:
2. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting documents.
3. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
Keep Smiling .... Hemant Agarwal
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