Misusing my Cheque
KAPIL
(Querist) 19 May 2011
This query is : Resolved
Sir, It is bring to ur notice that my some blank cheque of saving account, which has already been closed was laying with my advocate(I/Tax). Due to some difference with him, he is misusing my old cheque and suit upon me u/s 138 and demanding money from me that he has given some cash loan Rs.2 Lacs to me against one cheque out of total cheque laying with him.I had never signed any loan agreement nor signed any cheque.Kindly advise me.
Raj Kumar Makkad
(Expert) 19 May 2011
This query has already been replied in detail.
Guest
(Expert) 20 May 2011
Lodge an FIR against your lawyer for blackmailing tactics and to get back your documents. You can also file a complaint with the concerned bar council and even a suit against him. But, mind it, you will have to pursue the case yourself and no lawyer may perhaps be ready to take up your case against another lawyer.
M V Gupta
(Expert) 21 May 2011
I dont think a lawyer would not take up a case aginst another lawyer, if the case is genuine. There are many instances in which lawyers have fought cases against other lawyers.As u are saying the cheques were not signed by you you should as recomended by the experts above file an FIR agaisnt the advocate concerned, with the Police and also lodge a complaint with the Bar Council, while defending urself in the case filed against u.
subhash kumar
(Expert) 21 May 2011
Dear, under the act you are liable to make the payment of the instrument or in alternative you can defend your case but you have no ground to defend the same , even on the closure of account attract the 138 NI Act . You have neither submitted the unsued cheque at the time of closing of your account nor written any letter to the bank for not submitted the unused cheques as the practice . it shows that there something fishy.
Guest
(Expert) 21 May 2011
SIR,
KINDLY NOTE THAT.ON THE GIVEN FACTS
1, THE SIGNED CHEQUE AFTER WRITING NAME DATE AND AMOUNT ON THE SAME, IF DEPOSITED IN BANK AND GETS DISHONOURED ,THE COMPLAINENT CAN FILE A COMPLAINT AGAINST YOU FOR DISHONOUR OF CHEQUE UNDER PROVISIONS OF N.I.ACT.SEC.138.
2.ANOTHER CIVIL SUIT FOR RECOVERY OF LOAN AMOUNT IN CIVIL COURT MAY ALSO BE FILED FOR RECOVERY OF SAID.AMOUNT.
AS CASES ARE ALREADY FILED IN COURT AND SAID CHEQUES ARE WITH THE COURT ,THEN IT WILL BE VERY DIFFICULT FOR YOU TO PROVE AND FILE CROSS COMPLAINT AGAINST SAID PERSON.
3.SO INSTEAD OF JUST GETING EXCITED AND TAKING ANY WRONG ADVISE ,BE COOL AND TRY TO DISCUSS AND SORT OUT THE SAID MATTER WITH THE SAID PERSON.IN CASE IT IS NOT POSSIBLE ,YOU MAY DEFEND THE CASES ALREADY FILED AGAINT YOU AND REQUEST THE MATTER BE KEPT IN LOK NAYALAYA FOR COMPROMISE.YOU WILL SUCCEED.GOOD LUCK.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
Guest
(Expert) 21 May 2011
Dear Subhash Kumar,
You may like to review your reply as in the dishonour of cheques in closed account case the provision of NI 138 is not attracted. Further, I cannot find any reason for presuming at his own that the author of the question dis not write any letter to the bank for not submitted the unused cheques.
RAJU O.F.,
(Expert) 22 May 2011
This matter was discussed in detail earlier. I added that if he has genuine grievence against the advocate, he can approach the Bar Council of the State with a complaint, who would conduct enquiry on the matter.
