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anson manoj (oiler)     11 August 2015

ni138

one person owe me 3lakh rupees for which he gave me a cheque, that cheque bounced for insufficient money in the account, when I filled a case against him he came up with a contension that he had lost that cheque during a train journey and I am misusing his lost signed cheque .for supporting his argument he produced a newspaper published in 20-10-2012 in which he had given an advertisement claiming that he lost his bag containing signed cheques,signed stamp papers, signed promissory notes, passbook, and 10000rupees,anybody found please return to him. My question is; is it possible to give such an ad in a newspaper without any supporting document, he does not have any train ticket, he does not he does not have any train ticket, he does not have any complaint filled in any police station and no fir.is it possible to give such an ad without scrutinizing any authenticity.is there anyr rule or guidelines regarding that.your answer will be great help for me to win the case: the ad was printed in daily news paper in kerala printed in Malayalam have any c he does not have any train ticket, he does not have any complaint filled in any police station and no fir.is it possible to give such an ad without scrutinizing any authenticity.is there anyr rule or guidelines regarding that.your answer will be great help for me to win the case: the ad was printed in daily news paper in kerala printed in Malayalam


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 6 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     11 August 2015

Was the date of the ad before U filed the case or after

Advocate Rohit (Advocate)     11 August 2015

Hello!

 

You need to highlight your transactions done with that person and the payment received against the same. Also when you sent the legal ntoice for cheque bouncing. did the said person raised this objection of missing cheque at that time in the reply?

The person needs to prove that he/she was travelling in the train at that time and should have lodgeg a complaint with the railway police if the bag was lost in train or within railway premises. Has the person did so????

Mere public notice at newspaper will not save the person. it needs to be supported by the evidence. You need to challange that evidence of the accused.

 

Regards

Adv. Rohit M. Dalmia

9324538481

anson manoj (oiler)     11 August 2015

Thank you for ur valuable advice: the ad was published 6months earlier than I present the cheque; he has no proof of travel; no copy of police complaint or fir

Prakash Tiwari (MD)     12 August 2015

Hello I am badly in need of advise of experts.

We have been doing business in a rented premises since 20 years. One day the land loard came and asked us to vacate the premises with the help of Goondas. We filed a court case and since then we were paying rent in court.

Last year an agent approached my lawyer saying that he will pay us 2 lakhs and we need to vacate the premises. After lots of discussion we decided to vacate. An agreement was signed by me and agent that one lakh cash will be paid and remaing by cheque.

One year has passed he has not paid the second part. We spoke to him last week too. He said he will not pay the reaming amount and we can do what ever we want. 

Point 1: The cheque expired almost 8 months back.

Point 2: Cheque lost in transit.

On what grounds can i make that agreement enforecable so that i can get my money back

SAINATH DEVALLA (LEGAL CONSULTANT)     12 August 2015

Mr.Prakash,

Post Ur query in a new thread

Prakash Tiwari (MD)     12 August 2015

Thank you. I have posted to new thread


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