I am raj. One of my close relative told me he is going to start a business and promised me some profit .Since he was close relative, I gave him hand loan of eleven lakhs.At that time, I had cash with me as I sold one of my property. But he never gave me any profits or even interest also, so I asked him to return my amount. After repeated demands there was kind of settlement and he agreed to give amount back in two months and gave a post dated cheque.He signed the cheque and gave to me in presence of couple of relatives.
After 2 months, when I encashed the cheque , it got bounced with bank reply as Stop Payment. I sent him notice to pay within 15 days. He sent me reply back saying the cheque was lost sometime last month and he gave police complaint and stopped the cheque.He also mentioned that I forged his signature.
I am really shocked. I even verfied with bank and they said the signature was correct.I donot have any written/ documentory proof.But during the two months time, once I have recored his phone call. He called me once and requested not encash cheque as he would need some more time.I recorded whole conversation and sound quality is also good.
I have following questions,
(1) Can I put case as per 138 since I donot have any documentory evidence
(2) Will cell phone voice record be considered as evidence
(3) how can I prove the signature is genuine.He signed infront of me
And last question is that since I have given eleven lakh hand loan , will it have any other problems.
Please suggest me.