Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Raghu (HR Manager)     21 April 2015

Cheque bounce

I gave a loan to a central Govt employee some 3 years back. Got from him promissory note for the amount and check of some amount. I deposition the cheque on the given date and it was bounced due to insufficient funds. I tried to trace the person whom I gave loan. First I tried to reach his home address but it was a fake one given to me. Then i approached a lawyer and he told me that he will first send a lawyer notice to the person. I have no other address except his office address and my lawyer sent the notice to the office address. Here the twist was. The particular office will not entertain any body inside due to security reasons. Its a highly secured area. So the lawyer notice should be served to the gate office only. 

Here one more point would like to to tell... The person to whom I gave loan was already convicted by the court some 6 years back in the similar case with me only. At that time the court gave orders in my favor. So this person is a known criminal/convicted before the court already. So there is no point telling that the court doesnt know the person.

Last point is this person will retire from his service in June 2015.

Now my questions are..

If the letter gets rejected or unserved from that office address?

If I could not trace his current residential address?

How should I convince the court to take legal action against the person? [ He is currently in central govt service and more over he was already convicted  by the count some time back in the similar kind of case with me only]




Learning

 5 Replies

Hardeep (Business)     21 April 2015

The fact that a person has been held guilty of a similar of fence earlier has no bearing on the next one, except just as a side note which Court will most probably reject. A new case has to stand on its own merits.

 

indeed in your case Court may well probe your reasons since you pretty much knowingly took the risk on yourself !!

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     21 April 2015

Having prosecuted a person for not paying, you have given a loan again to him. Why! Its quite strange.

 

OK coming to your present details. Send a detailed letter to the Head of the Department by Registered Post with a copy to the Minister in charge, with a copy marked to CVC. It may work.

SAINATH DEVALLA (LEGAL CONSULTANT)     21 April 2015

Once bitten twice shy, nothing more to add.

Advocate Ravinder (Advocate/Attorney)     21 April 2015

It is your duty to find out his address.  It is very easy to find out the address of the central govt service where he is working.  Even if you type in justdial or google, you can find the address of his employer.  You can file an application under RTI act to know about the details (including his position) of that person by giving his name, age etc.  And also follow the advise of sivaramprasad.

 

The aspect of once he is convicted will have no bearing in civil case, but it is definitely have bad remark and his period of conviction can be increased. 

T. Kalaiselvan, Advocate (Advocate)     30 April 2015

You being a money lender should be having good source to hire an advocate to get his paid services, because you have clearly mentioned that the same accused was convicted earlier through a case prosecuted by you 6 years back but what prompted you to grant him a fresh loan 3 years back?  A legal notice sent to his office address will be properly served, so there is no fuzz about it, do not try to cash the wrong issues using free services of this forum.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register