rajesh (private) 06 August 2013

Cheque bounce 138 act or any other act

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.

Thank you.

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4 Replies

SRISHAILA.DHARANI (Advocate&consultant) 06 August 2013

You can file the case under section and produce the audio recording. It can be considered. You also request thre court to send the signature for verfification

As for as the anount , you can show the proeprty transaction for having the money at that time and how it came to you.

srishaila,advocate,bangalore,9741425514,sdharani120@gmail.com

1 Like

Poonam Gupta (Director) 07 August 2013

Mr Raj,

Make a serious note that only one thing will help you in this whole episode that drawer of cheque is a close relative of yours. This should be the first line in all your complaints with closeness of relationship defined.

Affidavits of persons present at the time of taking the cheque and if, possible, any other persons too - as regards you have given cash loan to your that relative must be procured / obtained by you well in advance. Always attach a copy of these affidavits with each of your complaints.

It seems lot of time has lapsed since you advanced money. Alaways attach those property papers copy to prove your source of funds - that will go half the way in proving the transaction. Make a written note of the cell conversation and get it certified from the Notary / Advocate / Executive magistrate / SDM / Gazetted Officer / Area MLA / Councellor / M.P. or any Public Authority in the first instance. You may take help of private companies / labs to give you certificate against fee receipt that the conversation clip is correctly worded on paper - this is just to start your complaint sound and strong before hand.

Since accourding to you he has falsely lodged cheque-lost complaint with the police, you must give written complaint to the concerned Police station that he has so mis-informed the Police and hence abused the public process with all the above evidences beforehand - with a clear request to re-open the his letter / request , if any, and press to definitely register an FIR against him for his all these misdeed under Section 420 IPC and various other sections.

There is every possibility that no any complaint/letter etc might have been given by him to the Police. He has written you forged his signature. Had this been so, Police could have enquired everything from you. There seems to be no enquiry from Police to you.

When you give complaint to , be calm and patient. You may have to go more than once to the P.S. Talk about registering an FIR against that person but be object oriented to obtain only one acknowledgement receipt of your complaint from the P.S. Once you get acknowledgement or stamp of receipt, either your complaint will be closed/disposed off or an FIR be registered against him. In both the cases you are the winner. If No FIR, you call it inaction by the Police and file application with the Court for ordering to the Police for registering an FIR.

My first line is the last line. You will definitely gain relief from court and get your money if pursued consistently.

2 Like

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com ) 07 August 2013

1) You have to show source of funds.

2) There should be good reason why you trusted for such large amount.

3) Try to settle among your self otherwise in courts it will be long story.

IT IS JUST POSSIBLE THAT YOU TOOK THE CHEQUE WITH PATHANI INTEREST OTHERWISE IT CAN NOT BE BELIEVED THAT YOU LOANED SUCH HUGE AMOUNT AGAINST A PIECE OF PAPER.

B.N.Raja Mohamed (ADVOCATE) 11 August 2013

Sir,

First of all you should have submitted before the income tax authorities that you have advanced a loan of eleven lakhs.If not you will be held liable for the non disclosure of your source of income for advancing the loan of eleven lakhs.

Second,your phone conversation could be a valid evidence in view of the Information Technology Act and the Evidence Act provided the voice should be well recognised by authenticated evidence.

Three, by regulating the above procedures you can file a case under section 138 N.I.Act.