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Satish Halemani (NA)     18 December 2011

Cheque bounce

Hi,

I had lent 35K rupees cash to a Doctor about 6 months back and he failed to return it after repeated attempts of me asking for it. Couple of months back he gave a cheque of same amount which bounced back. After persitently visiting him once every 2 days he somehow managed to return only 20K cash. The outstanding amount is 15K. Now he has sold his house/clinic and vanished in thin air. I am not able to trace him at all.

1. Should i lodge a police complaint on him for cheating?Problem is i dont have any documents supoprting that he received cash from me except the cheque that bounced.

2. Should i lodge a criminal case on him on basis of cheque bounce?

Please suggest.

Thanks in advance,

 

Regards,

Satish



Learning

 15 Replies

NOTTAM VENKATASAMY (Director Nottam Law Associates)     18 December 2011

you will initiate cheque bounce case against that doctor

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 December 2011

Yes, you can send the notice to his known addresses and then take it up in court.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Samir (partner)     18 December 2011

Lodge a complaint against him, and as per Negotiable Instrument Act u have a rights to file a case on him.

 

But its advisable to send the same cheque again for clearing so that you can have proof that twice the same cheque has been bounced.

sandeep gangwar (AUDITOR)     19 December 2011

A. When you have informed the person about the dishonour of the cheque, in case the information is given within 30 days from the dishonour of the cheque, you can file a Complaint under Section 138 of Negotiable Instrument Act within one month after the expiry of notice period of 30 days. The Complaint for cheating is not maintainable legally. However, in certain cases the police have been registering cases of cheating against the accused.

Satish Halemani (NA)     20 December 2011

Thanks everyone. I will be representing the cheque once again and if it bounces again, then i will be filing a case against him. Will let you know the results shortly.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     20 December 2011

since you do not have any proof of having given money so any criminal action can boomrang on you, take case since power of defense is immense.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     22 December 2011

Oh Yes JSDN,

 

But legal recouses must be taken to ensure rule of law.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     23 December 2011

Go to actual practice in courts and than respond on actual experience.

Law is double edged sword , you may be true but if can not prove by evidence  counter action will be initiated against you.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 December 2011

But if you can not prove anything, you won't get anything.

 

I maynot have as vast an experience as you, I have my own lil experiences to lay my claims on.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 

PS: I don't have the license to kill; All I have is a learner's permit.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     24 December 2011

Know the basic law of existance which is applicable to law also that every action has equal and opposite reaction.

You can initiate criminal action any body but even if true but can not prove it will BOOMARANG.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 December 2011

BOOMRANG...... only if it doesnot hit the traget, it comes back and if you can catch it nicely, you can use it again. :-)

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     24 December 2011

try than you will know., take care good luck.

Satish Halemani (NA)     24 December 2011

Cheque has bounced again. Well i dont think i will be able to initiate any action against that fraudster as i dont know to where he is residing at the moment. I think I better wait and see if he will resurface at some point of time and then catch him...Anyway thanks everyone for their suggestions. Really appreciate it.

 

Regards,

Satish

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 December 2011

Satish,

 

Better issue a notice at his old address, then file a case under 138 NI, initiate processes under 82 and 83 and then catch him as and when he resurfaces.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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