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Rakesh (Developer)     07 June 2014

Check bounce

I have give 400000/- to one of my friend through cheque and he told me that he repay me with 2.5% as interest per month after few months.

 

After few months he give me cheque of 10000/-  which got bounced. so i told him and he told me sorry and after few days he give me cheque of amount 200000/- but it also get bounced then again he told me sorry then after few days he give me cheque of 220000/- and again it got bounced so that I file complain again him for both cheque in count under section 138 within 30 days for both cheque.

after that his month give me the cheque of 320000/- but it also bounced. i do not file case against his monther.

after he received notice then he agree on pay me remain balance in 2 weeks, after 2 weeks he told me that 1 week more after that we appear in the court and he told in-front of judge that he pay us in 2 weeks.

also he gives in written in front of advocate in court as well.

and he pay only portion of the dues in cash and tell me reaming after 1 month and also the same day he tell the same in the court as well so court gives us date after 1 month

after 1 month he told me  that more 15 to 20 days and in court there is some leave from advocate so court date is extended to 1.5 months later.

His mama is advocate and i think he knows that this case gets delay. his mama not come any time with him in court and he handle though phone only and I have advocate but still not able to do anything and just wait and wait.

can I file a case of 420 in police or FIR in police for the same case where i already file a complain under section 138 ?

or whether my advocate not capable to handle the things ? because accuseed mama who is advocate is very senior advocate there.

 

Please guide me I am help less after paying fees to advocate as well.

 

 

 

 

 

 

 

 



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 3 Replies

Rakesh (Developer)     07 June 2014

I have all the proofs and all the cheques bounced by him with notices and also bank details of mine about the cheque amount I given to him as well.


I have each and every proof what ever is required.

 

Rakesh (Developer)     07 June 2014

can I file a case of 420 in police or FIR in police for the same case where i already file a complain under section 138 ? because some one told me you can not file 2 different complain ? is that correct ?

Gagandeep Goel (Advocate)     07 June 2014

Hello Mr. Rakesh

You have a wonderful case of cheque bounce and you will surely win the same.

I will answer your queries in detail.

Primarily the intention at then time of the issuance of the cheque has to be seen. In your case the intention to cheat is from the very beginning and hence the offence under section 420 IPC is made out.

The cheque bounce case and police remedy can go on concurrently.

In case you have any other query, pls contact me at:

 

Gagandeep Goel

(Advocate & Legal Consultant)

Punjab & Haryana High Court & Chamber No. 373, Distt. & Sessions Court, Chandigarh.

House No. 1119, Sector 18-C, Chandigarh, 160018. (M) 0 987 220 6969 (R) 0172 4647 003.

 (Email) goel1119@yahoo.com

 

 


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