Cheque bounce

do you have any other documents to prove that you have given him hand loan to him and thus the sale deed is original or xerox copy, how was the document is with you because he may give a lost complaint in the police station that the documents and cheque were lost 

you file a suit under 138 nia act. he will be given time to rectify the matter.if not the court will instruct him to return twice the amount of cheque amount and the defaulter will be punished with imprisonment for two years and also a case on cheating under sec 420 ipc.

Thank You Sir,

I have a Certified copy of the sale deed which i have taken from Sub-Registrar office. I have Transfer 4.5 Lacs to His account from the same account cheque he has issued to me.

In case u/s 138 of N.I.Act,you have to prove the debt or legally enforceable liability of your friend against which he issued the questioned cheques to you and the same has been dishonoured on presentation for collection.if you succeed to prove the same then and only then your friend will be punished.

Dear Sir Thanks for your reply

I can prove it because i have made account transfers and i know that money is used to purchase of property i have both the documents (xerox copy)

Your narration is not at all clear. I wonder how others could advise you. It is not clear whether you gave him cheque or he gave you cheque. As you have come here I presume that he gave you cheque in return of loan you had given him. The cheque has bounced. In reply to your notice (1) he denies he has given you any cheque. (2) he denies he has taken any loan from you and he maintains that he owes you no liability. You have with you the cheque returned by your bank. You file a case against him in the court. If he disowns the cheque you can pray to the court to call his bank's representative to the court as witness to prove that the account number mentioned on the cheque is his. If a cheque was issued on a non-existent account, that itself is a fraud. The bank also will say that the account did not exist while returning the cheque. He can be asked to confirm the specimen signature of the accused also. But once the account number is identified that would be enough. You have evidence that he owes you money. You can produce them in the court. Under Section 139 the court has to presume that he owes you money. If he claims that he does not owe you any money the burden is on him to prove so. A few things I want to say. (1)However good your case may be, you will not succeed unless you are able to express yourself in clearly understandable language. Your post here is not encouraging in that respect.(2) you should not leave your case blindly to your lawyer. The stakes are yours and not his. In India even simple cases drag on for years due to the ineptitude and apathetic attitude of lawyers and magistrates. A sharp complainant can prevent the case dragging on.

Dear Ramani Thanks for the reply

Clearly will explain the matter – My friend wants to purchase a site of Rs. 30 lacs in his wife name, in Bangalore he was paid advance to Rs.20 lacs so he was short of 10 lacs.

I have sold my land in the same time he came to know that i have money so he approached me for a loan. I have paid him Rs.9 lacs vide 50% cash & 50% account transfer later on i feel that he is playing then a asked him for a security and also i told him to clear the loan he gave 2 cheques.

I have deposited the same in my bank it’s got bounced and sent a notice In reply to my notice (1) he denies he has given me any cheque. (2) he denies he has taken any loan from me and he maintains that he owes me no liability 3) He said that i am Utter stranger to him.

There is no doubt that he has running bank account, those cheques are signed by him only, I have his bank statement also with me. It clearly shows how much amount i have transferred to his account. Only thing i don’t have a proof which i have given cash to him.

You have asked the same question as a PM and I have replied. Once you make a claim in the court as to what for the cheque amounts were due to you it will be for the accused to prove you wrong under Section:139. If he is not able to prove, your claim will stand.

You have asked the same question as a PM and I have replied. Once you make a claim in the court as to what for the cheque amounts were due to you it will be for the accused to prove you wrong under Section:139. If he is not able to prove, your claim will stand.