Sir,
I have purchased some property in Bangalore from X and paid the amount of registry.the X wanted some payment cash which we could not afford being a service person based on salary so no black money available with us.Hence the registry and the period to execute sale deed was delaying. the X suggested to give him a blank cheque without name and date with amount and signature on the cheque and we agreed to give security cheque and to make payment within one month (for arranging cash from sources) will be given and the blank cheque will be returned to us.against cash. within a month the money in cash was arranged and paid.while paying cash the X aggreed to return the cheque in lieu of cash but after getting cash, he denied the cheque with him and told that his friend has the same and also told that he was out of station. On smelling something wrong we asked bank to stop the cheque payment as it was blank and could be used by anybody.X put his name and date of the period three months later and presented in bank in his village and after two months again presented in Bangalore . However the x started harrassing and saying nonsence and sent notice through advocate to Myself and then to my husband for the cheque bouncing under NIA. As the notice was replied in time for both, he kept silent for one year. now he has filed petition in the civil court in his native village as he presented the cheque one time in village and has given his native address. Though he stays in Bangalore and prior notices sent from Bangalore address where he has his business and residence ,all the previous occurrances too happened in Bangalore.Just to harrass us he has filed the case in far away village court.Moreover he has shown that after purcahse of property, we require money and have taken loan from him on varbal dealing being a good friend of him and to pay with 12% interest withing two to three months.Also he put interets and added t principal amount of 12% for one year alongwith the principal amount.We trusted him and paid cash to him which he says still due and treatening to us by hook or krooke. we are affreaid of going far away court to his native town as he is a big local goon. I would like to know , that can we shift the case to Bangalore city under highcourt jurisdiction(though we have a local lawyer from that court who denies for any shifting of case from there to city) and on what ground we can fight as he has also submitted false affidavit.He has filed the case based on blank cheque and our notice reply of denial of anything which he claimed. there is no legal documents, promisorynote and any aggreement signed by us except the blank cheque which he is misusing. please help me and suggest to get out of this problem.
