SurajParkash (Business Manager) 19 May 2011

Frud under Sec 138 Negotiable Instruments Act

I have been cheated against a fake Delivery Order to Kolkata Ports, Rs 3.18,240 collected for immediate delivery, now for six months the seller is evading, meantime, changed his bak accounts to a fourth bank, changed his office and residential premises four and three times, finally changed stations from Kolkata to now in Burdwan. Does not provide his clear office or residence address, negotiates only through email. Finally he gave a cheque for Rs 3.50 lacs, cheque stands dis-honoured, closed bank account, changed over to yet another bank.

For such a crooke it is very easy to ward off a post man bringing summons, myself sitting at 1500 km's, at age 75, not feasible to personally search for the scounderal, kindly guide the legal process I have to follow and or suffer, and the way out to collect my money.

SurajParkash

9315879780

sptuteja@gmail.com

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3 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 19 May 2011

this site is no solution for you.

atul mahajan (advocate) 19 May 2011

Don't worry,you have aremedy aqgainst this culprit,As per the Judgment of the Ho'ble Supreme Court you can make him run for the fraud committed upon you even if he has closed bank account which clearly gives you a chance of making him repent for this u/s 138 NI Act as this also amounts to dishonour punishable u/s 138

atul mahajan (advocate) 19 May 2011

You have simply to file a complaint u/s 138 of the NI act and rest will be done by the Trial COurt. But Before that you have to give him a 15 days notice for making the maent of the dishonoured cheque. rest you leasve to the court. Good News Courts are generous enough to take cognizance of thef and will be pleased to award relief to you and punishment to the accused. and you being a senior Citizen will be given preferance to others for spreedy trial.