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Prem (Executive)     22 July 2010

Blackmailing for Documents signed

I have an issue here.

there is a person from the same office Blackmailing me that he would file a legal case against me.

the scenario is as follows.

it was a card game which i had lost with my 2 office colleague and i los 20lacks in that.

later on that day they forced me to write it on a piece of paper that i have take a loan for 20lacks from one of the office colleague from a period of a-b. i had issued him 2 Post dated chque from Citibank. and also i have given him a copy of my pan card and license.

now the issue is that they both are blackmailing me stating that we will file a case of forgery against you if you don’t pay us the amount.

i have already done a stop payment on both of the cheque and yesterday the cheque which i had given them was deposited by them and got a message from Citibank that its dishonored.

my question is that can do a case of forgery against me and can i file a case against them for depositing the cheque in the bank.

Waiting for the reply

Thanks & Regards

Prem



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     22 July 2010

First you issue a legal notice to the person who is blackmailing you stating that immediately return the forceably  obtained signed blank paper and also two cheques, otherwise criminal action against you would be taken.

And also issue the notice to the bank to stop payment if the cheques are presented for encashment and inform the same to the person.  Even he can try to initiate criminal action against you by handovering thecheque and blank singed paper to other person, so you take that contention.

1 Like

Prem (Executive)     22 July 2010

its not a blank page , its a print out that states that i have taken a loan of 20 lacs from him and i have signed on it and also have given him a copy of pan card and licence (the copies are also signed)

Prem (Executive)     22 July 2010

and also i did a stop payment on both the cheques, yesterday i came to know through a message that the person has deposited that cheque and it came for clearence in citibank which in turn dishonered it. so can i take a legal case against him on submission of cheque as i have given instruction to citibank 15 days ago that i have lost the cheque book and the signatures on the cheque are also different( not my regular one)

SANJEEV SRIVASTAVA (LAWYER)     22 July 2010

Dear Prem

Your case is week and I thnk you r also making false statement b'cz as a well educated person its no reason to belive that you have given the signed cheque alongwith in writing a piece of paper and if was so then why you immediately didn't approach to the police and file a complaint against those persons.

I thnk you were in some kind of arrangement like playing cards or whatever called and borrow the money frm the prsons to play cards, may be some how they have cheated you. you have no other option despite of paying money or prove your case that they are the habitutal criminals and taken the papers by force or better to declare your self insolvent filed an application befoe the court.   

ajaygajjar (Lawyer/Advocate)     22 July 2010

they are done inlegal work to signed loan paper from you. you are not received any 20 lacs from them. they cannot prove any transaction to u for 20 lacs. u have not to worry about any legal action from them but you have right to complaint for forgery against them. first u give a legal notice without any fear or delay.

JAGDISH LAL (Practising Advocate)     08 August 2010

No case of forgery is made out against you keeping in view the facts and circumstances of your case. However your colleague can file a complaint against you under section 138 of Negotiable Instrument Act and can also file a civil suit for recovery.  At the trial in court you have the right to know as how the amount was given to you whether in cash or by cheque. Whereabouts of   Huge amount of cash and reason for giving the same to you can also be questioned.   Many more questions will arise if in case your collegue opt to take any legal action against you.


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