blackmailing about cheque bounce

Software Engineer

My wife didn't want to live with me anymore. So her parents wanted to claim money from us
citing that they have spent money for marriage etc. They threatened to put false 498a case against us.
On advice of our well wishers, who explained us the cruality of 498a cases, we decided for a peaceful settlement for the sum of 10L. My uncle's friend acted as mediator between both the parties.

As a part of the settlement (made on a white paper with legal stamps signed by me, my father, my wife, my father in law and few relatives on both sides as witnesses)
1. We returned all the items that were given to us during marriage
2. We gave them 2 cheques - 5 Lakhs cheque dated Oct 12 and 5 Lakhs cheque dated Nov 12
3. They are supposed to give us the gold that we gave them during marriage after final settlement
4. We shall mutually go for divorce.

Few days after this settlement, they called the mediator and told him that they know a lawyer who can get our divorce done in 4 months. We met at their lawyers residence and we reached upon a new agreement. The old agreement was torn. However we still have colour printouts fo the old agreement

As per the new memorandum of understanding:
1. We shall pay them 5 Lakhs initially which we did and we took 5 Lakhs cheque dated Oct 12
2. Other 5 Lakhs shall be paid after getting divorce.

They still have the Nov 5 Lakhs cheque and also the gold that we gave them during marriage.

Yesterday my father in law called the mediator and asked for the 5 Lakhs. Mediator told him that if they give our gold then we can give 2.5 Lakhs and other 2.5 Lakhs after divorce. But they didn't agree and my father in law blackmailed saying he will try to encash the cheque and when it bounces file criminal charge against us.


1. Can we take any action against us by reporting to police or is there any other means to punish such people who try to take advantage of innocent people?
2. If they go ahead and encash the cheque and file case against us what action should we take?


Please guide me in this regard.
 

 
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legal consultant (9867264707)

At the outset such matters be deal in court dont do any out of court settlement till divorce papers are filed . Secondly whereas money part is concerned you should hand all money in court so that there is no grievaence and all transactions are crystal clear. Ask thre other party to give all gold and never do any transactions without  court intereference , bcoz you never know when will other side will show their back and all efforts and money goes futile .

Now as you have taken in writing till divorce they wont be in position to encash that cheque as it will stand violation of understanding between both of the parties . Can you throw some more light on understanding part . What other conditions were agreeed between the parties if you throw some more light it will be better for us to sugget you .

 

Adv. NIKHIL SETH

Mumbai

 
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Software Engineer

Hi Nikhil

Thanks for your reply.

As i told you earlier settlement's original document was torn. This document mentioned about the cheque numbers plus the items to be returned by both the parties etc. I have the colour print outs of the original document.

We have the new memorandum of compromise as prepared by the lawyer with us. It doesn't mention anything about cheques or gold. However there are some important clauses in it. I am attaching the latest Memorandum of Compromise document for your reference. Please adivce me adequately.

I can give you the scan copies of the earlier document as well if you intend.

1. Will they be able to encash the cheque and file case against us?

2. If they go ahead what action shall we take?

 



Attached File : 812829980 memorandum of compromise.doc downloaded 79 times
 
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advocate.dma@gmail.com

Let the matter come to that stage because you just cannot stop him from depositing the cheque.

 

Just write a letter to him and also send by mail etc that do not deposit so and so cheque which is lying with you, and the same can be deposited as per our terms of MOC after settlement of divorce, you may give reference to her side pressure tactics, alternatively if you funds in your Bank account, please issue a stop payment instruction also, citing all the reasons and get it signed by Bank Manager.

 
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Advocate/ nadeemqureshi1@gmail.com

Dear Querist

noi need to worry,

you should filed a criminal case against them u/s 383, 384 of IPC

 

Section 383. Extortion

 

Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits "extortion".

 

Illustrations

 

(a) A threatens to publish a defamatory libel concerning Z unless Z give him money. He thus induces Z to give him money. A has committed extortion.

 

(b) A threatens Z that he will keep Z's child in wrongful confinement, unless Z will sign and deliver to A promissory note binding Z to pay certain monies to A. Z signs and delivers the note. A has committed extortion.

 

(c) A threatens to send club-men to plough up Z's field unless Z will sign and deliver to B bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sing and deliver the bond. A has committed extortion.

 

(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security. A has committed extortion.

 
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Advocate/ nadeemqureshi1@gmail.com

 

Section 384. Punishment for extortion

 

Whoever commits extortion shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable.

Feel  Free To call

 
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Software Engineer

Trivedi and Nadeem, thanks a lot for your reply.

We haven't kept any funds in the bank in which the cheque can be deposited. Can we still go ahead and issue a stop payment instruction to the bank manager. Or is there anything else we could do so that cheque cannot be bounced?

As per the memorandum of compromise, there is a clause that either they or us cannot file a case against each other till we get divorce. There is also a clause that we have to withdraw the cases if any are already filed.

Since they are blackmailing, can we go ahead and register a case against them because it will break the clause in the memorandum of compromise. Or shall we wait till the cheque bounces and they file a case against us?

 

 
Reply   
 
advocate.dma@gmail.com

Your memorundum is quite clear and you do not have to bother as it covers transactions from the date of memo till divorce, there is a small hitch since the cheque is dated prior to your memo. Under this circumstances please issue stop payment mentioning the threat and reason for which you issued this cheque, send a registered letter to them also with AD stating all these facts, send the letter by email also. 

 

You cannot stop them if they wish to deposit the cheque, but the above action will give you good enough grounds for defense. Cheque law is bad, once the cognizance is taken you have to face the trial. Let that stage come. Try to talk them out that you stand by your words if divorce materialises.

 
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Software Engineer

Trivedi, thanks a lot for your reply.

I have a coloured print out of the initial agreement made between us which was made on a white paper with legal stamps. In this the cheque number details etc was mentioned. Original document was torn when the memorandum of compromise was made. Will the coloured print out hold good in case of trial in the future. I can attach a scanned copy of print out if you intend.

As you mentioned, i will write a letter to the bank manager to stop issuing the cheque. You have mentioned that i should send a registered letter to them with AD? Does 'them' imply the bank management and 'AD' imply Address.

 
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Nadeem ji ,

I saw your reply to this . My family is facing a similar false cheque bounce case .. how can I take action against them for extortion . 

 
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