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Yourguy (manager)     23 June 2014

Cheque bounce - urgent help please

I have given handloan of Rs.2 lakhs to my friend he had given me promisory note, 2 blank cheques and empty 100 bond paper on 15 Dec, 2012. till now he has (deposited)given Rs.40000/- in my current account, by cash. He promised to payback with in 4 months, he took it for purchasing the apartment in hyderabad due to to short of 2 lakhs. He used to have small bakery now don't have, his wife got Govt.Teacher job Jan 2013. He has registered this flat on wife name. When we are asking our debts his wifes says "I don't know, dont ask me, she say flat purchased by her monther money they say they have all proofs (all proofs created also they have increased the debt by them self and with the help of close relations). Along with me 15 lakhs looted from others also. with different story.

 

No one is ready to ask them the money because  his wife and aunty (Wifemother) warning all the debtors if they come to their flat for asking money they will put harrassment case against all the debtors. 

I have 2 cheques out of that 1 is bounced, my friend is telling me you can do what ever you want like cheque bounce,  recovery etc., Because he don't have any property on his name now, he also have 20 guntas land in his village but its on his monther name, he is willingly transffered all  his properties (flat,plot) now acting like Bankruptcy.  

Please let me know what action have to take now.  Also his wife saying she put a expert lawyer  for this to protecting the assets.

 

They are enjoying people money with out any fear in the society.

Please expert suggestions are welcome.

 

 

Yours Pradeep Reddy

 

 

 



Learning

 13 Replies

Ramesh I Zirali (Advocate. Mob:9482000686)     23 June 2014

Please read section 138 of negotiable instrument act. U will get all reliefs.

naveen arya (member)     23 June 2014

According to s.c orders check bounced cases should be finalised in 3 months. So hire good lawyer and file the suit.

Dr J C Vashista (Lawyer)     23 June 2014

File complaint u/s 138 of N I Act read with Section 420 IPC.

Besides this, file a suit for recovery of the amount based on cheques and promissory note.

Engage a local lawyer.

Vinod kashyap (Advocate & Legal advisor)     23 June 2014

contact a lawyer

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     23 June 2014

U can contact us at 9871158578

Biswanath Roy (Advocate)     24 June 2014

FILE A CASE AGAINST THE BORROWER U/S.138 NI ACT,420 IPC AND BRING THE WIFE UNDER THE FOLD OF  SECTION 120B IPC.

T. Kalaiselvan, Advocate (Advocate)     26 June 2014

You may proceed as advised by filing cheque bounce cases after issuing demand notice to him.  Hope you already consulted lawyer, so take his advice and move further.

Kiran singh (Lawyer)     05 July 2014

Cheque Bounce is the common problem Contact for Expert Cheque Lawyer to handle case easily.

Sunil Inamdar (Manager Civil)     08 July 2014

Sir, I received a cheque of Rs. 10,00,000/- from a frend against a hand loan given to him on of IDBI Sangli branch, which i deposited at UCO Bank at Pune as i am working at pune. The Cheque was bounced today 8.07.2014 and i received reason Insufficient Funds. I am sending a demand note to him. I want to know, where should i lonch a complaint at sangli or at pune. what will be the court fees for the same

Biswanath Roy (Advocate)     08 July 2014

You wait for the period given to your friend for payment against bounced cheque. If within the period your friend neither paid his dues nor reply to your demand notice then file a complaint in your local P.S. COMPLAINING SPECIFICALLY that your friend induced you to pay loan for RUPEES......................................creating belief in your mind that he will repay the same but he breached the same by issuing a cheque knowing fully well that he has not sufficient balance in his Bank account.

Sunil Inamdar (Manager Civil)     08 July 2014

OK Sir. Thank you very much for advice.

Regards,

Sunil Inamdar

R Trivedi (advocate.dma@gmail.com)     08 July 2014

Once you have given notice to him, the remedy lies with filing of case under S.138.

 

Yes if you wish to make out a case of 420E, then yes you can approach PS, but may not be of much help.

 

I would suggest get in touch with a local lawyer.

Biswanath Roy (Advocate)     08 July 2014

For filing a case u/s. 420 IPC  you need to establish,-

1. There must be deception i.e., the accused  must have deceived someone;2. That by the said deception , the accused must induce a person

3 The accused creates belief in the mind of the complainant that money shall be repaid. 3.. Submit a written complaint in the P.S. and upon duplicate take signature and seal of the receiving clerk.


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