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Cheque theft and bounce case

Page no : 2

G.L.N. Prasad (Retired employee.)     24 September 2018

How can members suggest whereas the allegation is against you and depend on facts known to you with such documentary evidence ?

It depends on facts of the case, handwriting, mutual transactions, signature, date, your knowledge on bouncing, your reaction after knowing the bouncing  before filing of the case including receipt and reply to such notice etc.

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Wish Hut   24 September 2018

I have few witness whom she was in contact with and were discussing about bouncing the cheque to get money from me. She had my cheque book and she did it intentionally. Will it be strong evidence? And more over she has writeen the name, amount and date on the cheque. Also she has submitted three cheques on the same day with different amounts. If I were to give the cheque I would have given one cheque with the total amount.

G.L.N. Prasad (Retired employee.)     24 September 2018

Assumptions and presumptions on our own for convincing, justifying ourselves may appear satisfactory to us, but ultimately it is the Judge that has to be convinced, as he might have seen hundreds of such cases and he knows better on such circumstances and rebuttals from opposite party.  Understand reality and risks involved, anticipate the worst first and take such remedies.

Wish Hut   24 September 2018

Thank you so much for your advice. Just wanted to ask how long does it takes normally to come in conclusion in cheque bounce case. I live in Delhi so it will be presented here.

(Guest)

Call bank and tell that you lost cheque book.  Immediately file a complaint in police station to that effect.  Rest the bank will take care.  What advices these nth rate people have given, they are simply doing time pass by giving senseless suggestions.  Dont folow them.  Give police complaint online.  Quick.  Dont mention your live in relations story to police. Fast.  Lodge complaint.

G.L.N. Prasad (Retired employee.)     24 September 2018

it will be presented here.  "

After two pages of queries, it is not possible to understand as to whether the cheque was presented already or you have been building walls for defense in anticipation of such cheque presentation.

Do not be in a hurry.  Keep cool and think while you act further and consult advocate before proceeding further.  If the payee is intelligent, she never draws the cheque  (*Writes her name and asks some one from Kanyakumari to write his name and present it at that place, so that your time or such expenditure is spent on going to Kanyakumari court adjournments)

I heard that Govt in the past wanted to fix a time frame for cheque bouncing case to maximum 180 days but I do not know present position.  Normally it takes one year to three years depending on the cases pending in that court.



 

Wish Hut   24 September 2018

Sir the case is already been dishonored as per her plan. I have got few call records where she is discussing how she is planning to bounce the cheque and she still has two more blank cheques from the leaflet. She has been consulting few lawyers who advised her to bounce the cheque to trap me in bounce case. Can I take those recordings and witnesses to quash her false case? I'm really worried as i have never been in legal situation before. And one more thing can I defend my case myself. Everywhere I go all are saying to take help of advocates only. As a student I won't be able to pay fees of advocates.

R Trivedi (advocate.dma@gmail.com)     24 September 2018

1. Chill and focus on your studies, whatever you are studying, dear student. 2. If she files the case, you will receive the summon, hire a young lawyer, give him nominal fee, get your bail done and come back here for further advice. 3. Is it likely, that girl would give Rs. 9 Lacs loan to a student?? 4. Is that girl financially capable of giving Rs. 9 Lacs loan? 4. Have you written anything on the cheque except your signature? 5. Answer to these questions will ease your anxiety.

Wish Hut   24 September 2018

No i have not written anything except signature. Yeah I'm still studying. She has mentioned that she has used credit cards for the payment. Once she files a case will I be arrested to get a bail?

R Trivedi (advocate.dma@gmail.com)     26 September 2018

You will not be arrested, you have to seek the help of local lawyer, he will assist you with bail. You may need a govt employee surety. Don't worry, let the summons come. If u spk to her, tell her that you are planning an FIR for theft, cheating etc.
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R Trivedi (advocate.dma@gmail.com)     26 September 2018

You will not be arrested, you have to seek the help of local lawyer, he will assist you with bail. You may need a govt employee surety. Don't worry, let the summons come. If u spk to her, tell her that you are planning an FIR for theft, cheating etc.
1 Like

Wish Hut   26 September 2018

Thank you Mr. Trivedi, I have replied her notice and asked her to withdraw false charges and return my cheques with bank charges occurred to me. Let's see what she replies and I will get back here. Thanks for everyone's support.

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