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Sec. 138 NA act (cheque bounce case)

Querist : Anonymous (Querist) 05 July 2011 This query is : Resolved 
Hi,
I gave money to an old friend to purchase some land while I was away in US. He bought land using only fraction of the funds and got that land registered on his relatives and friends.

He agreed to transfer the land to me due to the intervention of the elders. He also gave promissory note for the rest of the money. He had his relatives issue cheques on whose name property was registered. They did not honour the cheques and hence cheque bounce cases were filed under Sec.138 of NI Act.

(They also failed to transfer the land) They agreed that they signed the cheques. To prove the liability we have :
1) Statement through his email account from old friend acknowleding that he took the money and how he spent to purchase lands.
2) Proof that I sent my funds to him
3) Proof that land was registered on his relatives' names
4) Proof that only part of the funds used to purchase lands
5) No dispute on signing the cheques.

Do you think this is enough to prove their liability (not debt)?
Do you think any other evidence is required to prove their liability?

Thanks in advance
Advocate Rajkumarlaxman (Expert) 05 July 2011
Aa far as cheque are concerned file case against them as per NI ACt 138 and to recover the funds also you can move with summary suit if your cheques are not valid or outdated or if the instrument is not valid.
Ajay Bansal (Expert) 05 July 2011
I think you have sufficent evidence to prove criminal case u/s 138 N.I. Act against him. Oterwise as per section 139 of N.I. Act, the onus to prove himself as inocent is on accused, if he/she gives cheque,properly signed by him/her.
prabhakar singh (Expert) 05 July 2011
you have sufficient Proofs provided legal formalities were dispensed with in time ,such as swerving notice in 15 days from bounce date, cases were filed with in 30 days ,under Sec.138 of NI Act. However to recover the Other funds also, you can move with summary suit if your cheques are not valid or outdated or if the instrument is not valid.
Querist : Anonymous (Querist) 05 July 2011
Thanks you all!!! My main question is regarding his relatives including his wife who gave cheques and admitted that they signed the cheques. Land was registered on these people which was bought for me. we need to show their liability using:
1) They signed the cheques
2) They are relatives of the person who took the money
3) They got the land registered on their names using my funds
4) They have common advocate
5)They provided common collateral to the court

Is this evidence enough to prove their liability?
DEFENSE ADVOCATE.-firmaction@g (Expert) 05 July 2011
Unless you can prove by hard evidence that you gave money from legal route for purchase of property mere allegations will not help.


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