jaleel 28 November 2015

420 & 138

Good morning,

Issued an agreement to arrange seat in a particular medical college under management / NRI quota. received 33.5 lakhs; as a surety, issued cheques without date for the same amount; and undertook to return the amount with damages, if it did not went through. But actually, he was misrepresenting that he has the access to arrange the seat; and misappropriated the amount for personal things - did not pay anything for the seat; no money in his account- whether 138 and 420 will be resorted to ?

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4 Replies

saravanan s (legal advisor) 28 November 2015

If you have proofs for giving money to him then you can initiate action against him under both the sections

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SAINATH DEVALLA (LEGAL CONSULTANT) 30 November 2015

How did U pay 33.5L to an individual? Was it through cash or cheque? If a cheque payment then it is an official transaction/clarify for further solution.

jaleel 30 November 2015

by rtgs transfer plus cash against receipt... and cash against cheque

SAINATH DEVALLA (LEGAL CONSULTANT) 01 December 2015

Then U have a case on hand.Get hold of the bank statement on which date the transfer was effected and what kind of a receipt id it for the cash given? Dishonoured cheque is a valid document.Hence better engage a local lawyer and immediately send a statutory notice.