Mohammad Zabeeullah Khan 29 May 2016

Cheating case of IPC 420

Hi all, I need a suggestion regarding a issue which happened to me. I gave my taxi vehicle to a person on monthly rental basis. He convinced me that he need more cars and want to invest money and he shall buy more cars on my name. On just verbal communication I gave him my car and Rs 10000 cash advance to buy another car. I told him to write him in bond paper on the same. He simply singned in a blank white paper with a sticking a stamp on it and told to write the matter by myself. I didn't write anything on it and just kept the signed paper with me. Since the moment I gave him money he started giving reasons and excuses that he is busy or sick. I forced him to surrender my car. He gave me my car after few days in a bad condition. But he is holding my money and still giving reasons. What should I do to get my money back? Need expert advise please.

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SAINATH DEVALLA (LEGAL CONSULTANT) 30 May 2016

The unstamped agreement will not be admitted in evidence by a court of law, in a litigation, for enforcement of the primary rights and liabiliies arising out of the agreement. In case of dispute, if a litigation is to be commenced, then the holder of the agreement shall present it to the sub-registrar, pay the shortfall of stamp duty alongwith a penalty ten times of the shortfall, get the agreement endorsed to that effect and then use the document as a duly stamped one.
Nomally for 'lending' a promissory note is prepared which can be executed by signing across the revenue stamp of requisite value. But if the terms and conditions provide for deferment of the period of repayment, performance obligations, penalties etc., then an agreement is o be drawn on a duly stamped paper..