FLAT 20% OFF and 3-Months ADDED Validity on All Courses Absolutely FREE! Enroll Now Use Code: INDIA20
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Amit   04 July 2019

Gambling money cheque bounce

I lost around Rs. 10 lacs in cricket betting to a friend, who has just became a bookie few years ago. As i had no money so i have given him 2 post dated cheque few years ago due to mental pressure. Now the date came, he dropped the cheque and it has bounced. Now he has sent me 2 legal notice for NI 138.

Note, he was my friend as well so i took money from him on monthly interest. I took 2 lac from bank to bank and i repay him 4.25 lacs including gambling payment as well. Later i took again 1 lac and 2 lacs which i repayed him in cash. So officially whatevet money i took in bank i repayed him 90% and rest was paid cash. So whatever cheque he has, it is for 100% gambling money. Now what way should i approach the court? And he does not have the earing where he can pay me 10 lac rupees in few year. So in notice he mentioned that overall he gave me 10 lacs slowly slowly for business. For that there is no official record.

Regards,
Amit



Learning

 15 Replies

G.L.N. Prasad (Retired employee.)     05 July 2019

Once you have decided a plan of action on your own friend, you may not receive any guidance legally.

Adv.Balachander Reddy ( Advocate IPR Attorney Human Rights Defender and RTI Activist)     05 July 2019

Cheque should have been given to discharge a legally enforceable debt only.

P. Venu (Advocate)     05 July 2019

Reply to the Notices bringing out all the facts especially the gambling aspects.

Amit   05 July 2019

My lawyer is suggesting not go involve Gambling part as i might get punishement as well because i have partcipated in it as well.

Well, if i will not have to pay 10 lacs then i am ready to accept gambling part. So will i be Jailed for this? I belong to a reputed family so really cant go to Jail. Yet i am ready to pay any fine to be released from court.

 

 

P. Venu (Advocate)     05 July 2019

Your lawyer is exaggerating. You cannot punished for such a reply; no court can take cognisance of your reply to sent you to jail. Any punishment for a criminal offence is strictly governed by the provisions of law.

Moreover, it is seldom that a person is punished for being a gambler; situation could be different had you been in conducting the business of gambling. Moreover, the Gambling Act, 1887 orvides only nomional punishment. It is the practice in our country that only fines are imposed in such cases.

Amit   05 July 2019

Dear Sir,

I really appreciate your view. It was done 2016-2017 when i wasn't matured enough. Now i am not doing it. That is why i want to get rid of it.

Amit   05 July 2019

Originally posted by : P. Venu
Your lawyer is exaggerating. You cannot punished for such a reply; no court can take cognisance of your reply to sent you to jail. Any punishment for a criminal offence is strictly governed by the provisions of law.

Moreover, it is seldom that a person is punished for being a gambler; situation could be different had you been in conducting the business of gambling. Moreover, the Gambling Act, 1887 orvides only nomional punishment. It is the practice in our country that only fines are imposed in such cases.

If i directly confess to court that, i gave the cheque in respect for gambling's loss, what would be the verdict?

Ben Smith   11 December 2020

I had a case when I tried to sue a well-known online casino for a very long time. At first, I was ignored, then they decided to appease me with bonuses and refunds. But I got compensation for my mental suffering. The fact is that the site did not pay me my winnings, while my account was banned 15 minutes after the big jackpot. So now I'm mostly sitting on the blockchain casino like barspin. But there is still an unpleasant aftertaste and distrust of such institutions.

blind balance   13 December 2020

If you are a gambler, you should gamble alone. I mean you didn't sign any treaties. Therefore you can't prove anything. So, just relax and be grateful for this experience because it taught you a lot. If you wanna start gambling, you can look at casinos like fairspin. As far as I know, they give many bonuses at the beginning and you can have a really good start. So, it deserves trying because you can make a fortune in the end. If I were you, I would definitely play it and make an attempt to win bitoins.

Mister Sea   14 December 2020

If you are a gambler, you should gamble alone. I mean you didn't sign any treaties. Therefore you can't prove anything. So, just relax and be grateful for this experience because it taught you a lot. If you wanna start gambling, you can look at casinos like fairspin. As far as I know, they give many bonuses at the beginning and you can have a really good start. So, it deserves trying because you can make a fortune in the end. If I were you, I would definitely play it and make an attempt to win bitoins. 

Johnny Quid   14 December 2020

If you are a gambler, you should gamble alone. I mean you didn't sign any treaties. Therefore you can't prove anything. So, just relax and be grateful for this experience because it taught you a lot. If you wanna start gambling, you can look at casinos like fairspin. As far as I know, they give many bonuses at the beginning and you can have a really good start. So, it deserves trying because you can make a fortune in the end. If I were you, I would definitely play it and make an attempt to win bitoins.

Sudhir Kumar, Advocate (Advocate)     18 December 2022

your basica query is not understandable.

 

You are admitting that cheques for given for satisfaction of illegal dues. As pointed out by experts above the same is not enforeable.

 

You are also introducing an angle of of "debt" and sayig about "bank".

 

Your alawyer ha advised you not to raise aspect of gambling.  Just consider that as to how do you prove that you legally owe nothing to your ex-friend agains tthese cheques (though onus is on him to allege that he has a legitimate claim against you on the basis of these cheques) but mere signing of chque raises a prim-facie presumption that you legally owe money to him.

 

 On the same time you have to refute that there are no legally encofrceable dues. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     18 December 2022

You maintain that you did not give the cheque in discharge of a legally enforceable debt. In order to satisfy Section 139 you maintain that you gave the cheque or cheques as a loan. Or, as you had many monetary transactions with your friend, you maintain that you thought that you owed him the amount, but later found out that you owed him nothing. Normally the burden of proof is on the complainant. But under NIA Section 139 transfers the burden to the accused. But the law of natural justice should ultimately prevail. I am not a lawyer. But I have successfuly helped others by advising them.

Sudhir Kumar, Advocate (Advocate)     29 December 2022

There is furtyher a difference

 

situation -I

 

You gave cheque as a looser in gamble

In such case these cheques are not enforceable as the person will not be able to prove your legal liability but it is you who haas to rebut by saying that it was an illegal transaction.

 

situation -II

 

you borrowed money from some third party ande geve these cheques.

In such case the cheques are enforeceable.

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query