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Chethana (Accountant)     07 January 2016

Intention cheating

Sir, Request help with this case. I have loand to my friend Rs.8L earlier in cash the amount taken out from my bank account. Recently my friend gave me current dated cheque for Rs.8.8L (includes interest part). The cheque was filled-up by him in my presence and put his signature. When deposited the cheque in my account, cheque bounced with memo "signature on the cheque not as per mandate" . Cheque issuer could not be traced for 2 weeks after that he said to me that by mistake he given me cheque that belongs to his wife's bank account but signed and filled-up by him. The cheque did not have names printed at the bottom right corner so could not make out to whom the cheque belongs to. later he agreed to give me money If I return the bounced cheque. Agreed for the same I met him and handed-over bounced cheque and he gave me cash of Rs.3L and said he would arrange cheque for Rs.5.8L next day and he dissapeared thereafter. Unable to trace him now for last 3 weeks. I only have xerox copy of the bounced cheque with bank return memo.

I understand that NI138 can not be filed as I do not have original bounced cheque and it's more than 45days since cheque bounced. Now if I have to proceed with cheating case do I have case? Since the cheques are CTS, when presented for clearance, banker would have sent image file followed by physical cheque. In this case, is this possible to summon bank to present cheque IMAGE file to help proceed with the case. Is this workable? Any help appreciated. Thanking you.


 1 Replies

adv.raghavan (Advocate,9444674980)     08 January 2016

You had made mockery of yourself. Cheque bounced case is ruled out. You can file criminal case against husband and wife based on xerox copy of cheque, and in that case u can summon bank manager as witness. These xerox copies can substantiate your claim to some extent, Better get down in to business at the earliest.

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