Fraud in buisness
vikas
(Querist) 19 June 2012
This query is : Resolved
i purchase two machine of rs 5.5 lacs from some one and he made an affidavit in which he mentioned that i have paid him 11000 advance and 2 lacs would be paid in 2 months and rest of the money would be paid in 4 month total 6 months against the machinery.i have given him 10 cheques to him which is mentioned in affidavit.he also mentioned that i cannot sale the machine until i paid him full amount to him.
after 2 months i gave him 2 lacs rs. by another cross cheques and take her sign on the paper in which details were mentioned of the cross cheques. so the cheques which are mentioned in affidavit were not present in the bank of rs 2 lacs in first 2 months.
then after 3.5 months i paid him 2.7lacs cash to him and take her sign on the normal paper and asked him to give my cheques of rs.4.7 lacs back to me which are mentioned in the affidavit
he told me cheques are not with me i will give u afterward.after giving cash i asked him daily for cheques of 4.7lacs but he ignored me.
in the meantime of six months the market was very down and my business was in loss and my whole business was shutdown and my machinery were kept in the rented place for which i was not able to pay the rent and i was not in position to bear more loss so i sale the machine
69000/- thousand were pending to pay so i told him that i am not in position to pay now u because my business was shutdown
then he threatened me that he will make legal proceeding against me and will take 5.5 lac of full amount from court how can u sale my machine without paying me
so i made all the 10 cheques stop payment in the bank and i am having both the paper which is signed by him of amount 4.7 lacs
i have also a phone call record of between us which in it i am asking of my cheques to give back to me and he also accepting on phone to give back but he actually don't want to give me cheques
and i have not paid the balance amount 69000/- and sale the machine so what can i do next
i am not in position to pay him the rest amount no notice or legal proceedings are proceed by him yet
Devajyoti Barman
(Expert) 19 June 2012
There is nothing to worry. Once the case is filed you can contest the same on its merit.
If there is really an aggressive attempt to blackmail you then you can file a counter case of criminal intimidation and extortion.
ajay sethi
(Expert) 19 June 2012
once you have made payment of Rs 4.7 lakhs and you have evidence of the same the complaint if any made by supplier will fall flat .
your liability is to pay Rs 69,000 only
. however it is better to settle as you will have to keep on running around courts if he files case on account of dishonour of cheques
vikas
(Querist) 21 June 2012
the cheques r with him he haven't presented in bank yet and according to affidavit 6 months r over is this case a criminal case or civil case does he make me directly arrest by the police. while he take some step before what should i can do. according to affidavit i can not sale the machine unless i pay the full amount but i have sale the machine and 69000 is pending and now he is saying he will take full amount so what help can i take from court because my business is shutdown and now i dont have any earnings actually i dont have money to eat poison now i am fully shattered please help me
M V Gupta
(Expert) 21 June 2012
Issue notice through ur Advocate for return of the cheques to the extent of the amounts paid by you. Also ask him not to present the remaining cheques for clearing as you do not have balance due to shutting down of your business. If your financial position is so poor that there is no possibility of paying the balance sum of Rs. 69,000/- you may consider filing insolvency petition in the Dt. Court to protect urself from the ramifications of dishonor of the cheques. Of course IP should be the last resort, as it will seriously affect ur creditworthiness in the market.
V R SHROFF
(Expert) 29 September 2013
VIKAS::::::::
sO DID YOU : "Issue notice through ur Advocate for return of the cheques"
AS SUGGESTED BY EXPERTS.
vikas : actually relation between my father and me is not good
: u purchased two machines 11 Lakh with Affidavit, not to sell: untill u pay; y sold ; encashed the amt, cheated the NI Compl:
: who will beleive ur father is missing or absconding ???
V R SHROFF
(Expert) 29 September 2013
VIKAS::::::::
ZAK:
If complaint is lodged against you and your brother also. Go to Police station state your version clearly we are not knowing any transaction between complaint and my father. But is is shocking that you are not knowing about your father from last 1 1/2 months and not even tried to search him
Sudhir Kumar, Advocate
(Expert) 29 September 2013
connect
http://www.lawyersclubindia.com/experts/Fraud-in-buisness-315276.asp#.UkeRjX_Qzmk
Sudhir Kumar, Advocate
(Expert) 29 September 2013
repeated
http://www.lawyersclubindia.com/experts/fraud-in-buisness-315276.asp
Sarvesh Kumar Sharma Advocate
(Expert) 29 September 2013
