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gyanashekark   21 May 2015

Cheating case

Dear Expert,

I along with my partner started a business. we registered it as an proprietor for transaction purpose and had agreement signed for our reference. 

Being a service based company we also worked for our orders. He punched two fake orders and has taken the money. The money as not been returned to the organization. 

The total amount is aournd 4 lakhs. When I got more doubts and started inquired about him in the market he has done the same for few the same. 

I have all the documents and online transaction details stating the investments. He has given one cheque for 50K that also got bounced, thats with me. Please let me konw your inputs.

Note: I would like to file the case and my lawyer can work on percentage basis



Learning

 3 Replies

saravanan s (legal advisor)     21 May 2015

if you can prove the liability he owe to you for issuing the cheque then you can go for a cheque bounce case u/s 138 nia but it has to be done within 30 days of the bank issuing the cheque return memo.if not you got to file a civil suit for recovery.you can also file a criminal case u/s 420 ipc

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     21 May 2015

Sir,

 

Its a clear case of fraud , cheating, criminal breach of trust on his part and 138 NIA Act. File a case against him immediatley...

 

Warm Regards

Kapil Chandna Adv

9899011450

gyanashekark   22 May 2015

Thanks for your Inputs Mr Saravanan and Mr Kapil.

The few documents I have are as below

Money transfered online stating the reason.

The rental agreement where the office was set up..

The pan card and vat no. 

The emails shared. The telephonic conversations and the wats up chats.

The mutual agreement is also there.

Need to know, how much it might take. 

 

Thanks in Advance 

Regards,

Shekar.K


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