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shanawaz khan (clerk)     11 February 2016

Cheque bouncing accused leaving country

Dear Sir

one of my friend "C" wanted  a sum of rs one lakh to go to dubail for work. He had a paralaytic brother & a widow mother to look after . I got him the money directly by cash, from a money lender who is also a friend. "C" gave a blank cheque without date & a blank signed stamp pamper to the money lender. this happened excatly one year back. totally he has paid around 20,000 rs only till now & he is saying that he is not able to pay & he will pay when he feels like. meanwhile his dubai job did not work out . some months back i came to know that he has played on cricket betting heavily & has a huge amounts to pay. he does not have any property except a car hypothicated to HDFC bank. i don't know whether he has paid the installment or not. i came to know from some body that  now again he is planing to go to dubai for a different job . meanwhile since money lender was my close friend & he already had some finanancial losses i have cleared the amount on behalf of 'C" . the money lender has given me the blank cheaque & the stamp paper . i don't want any interest but the pricipal amount returend to me. . now my question is : 1.  is there any chance of recovery or atleast a punishment to the criminal if i go for cheque bounce case. 2. can i stop him from going to dubai if i put a cheque bounce case. 3. suppose if he goes to dubai & file a case  & if i send the details of FIR & case details to dubai embassy or any concerned people, will it be of any help...... thanks in advance



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 2 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     11 February 2016

The chances of recovery are totally dependent on whether you can establish that you had advanced some money to him against which he issued the cheque . Unless you can prove that , it won't help. For you to have the right to present the cheque , there should be some legally recoverable liability in your favour against him . In the absence of the same , the cheque is useless. Rest all can be managed . He can be restrained from leaving the country in a timely manner through conditional bail .

shanawaz khan (clerk)     19 February 2016

Thanks for the reply

I will work on it  &get back to you

 

with regards


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