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Sateesh Kumar (SE)     11 June 2013

Not getting my money back

Dear All,

I have cheated by known and very close person. I have given him big amount to him to become partner in the bussiness. He was running one small s/w company before. Due to conflicts with partner, he came out from that. He approached me and he shown me some proofs (post dated cheques) saying that he has to some money and it's getting delayed. He offered me the partnership if arrange some money for 2-3 months. I have collected big amount of money from my friends and relatives and gave to him (around 25 lakhs). He gave me one promissory note with attestation on the single stamp and gave few post dated cheques on my name and my father's name for the same amount. After few months, i have dropped few cheques and those got bounced. This happend in the month of feb'2013. After that he was abscanded for 1 months. During that time, his parents blackmailed me saying that because of my pressure he went away from home to commit suicide hiself. Then immediatly my father filed a cheating case against him. Immediately he came back then started calling us. From past 3 months, hiself and his parents saying we will pay the money in few days. They keep post poning the date. last month his parents to the responsibility for that amount and gave two promisory notes of 13 lakhs each with their attansations and promised they will pay the amount the installment. But still they didnt pay even single paisa. Whenever i interact with over the phone, i recorded the conversation between us.

And at their native they have one house on his father name which is worth of 25 - 30 lakhs as per market standards.
I would like to know whether these proofs are sufficient to win the case if they wont pay.


Please advice me how to approach.

 



Learning

 3 Replies

Advocate Rohit (Advocate)     11 June 2013

you need to file a separate summary suit (civil case) against him and his father, mother asking for your recovery of your dues and over there you need to mention the property details of the person. but you need to be sure that the said property is in the name of his father only before asking the court to attach the said property. This way you can recover your dues.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

reejas (advocate)     11 June 2013

you can file a private complaint for cheque bounce before the Magistrate court. u can also file a suit for recovery of money in civil vourt.

Sateesh Kumar (SE)     18 June 2013

Thanks for your advice.

After enquiring through known people, i found them that their property is already in dispute with some other people. According to the people, they are going to settle with them by paying some money.

If I file a suite for property attachment, will it be considered by the court in the middle of the dispute, if they are not going to settle with them. Actually the property is their on his father name only. Due to some mistake made by them, now they need to pay some 16 lakhs amount (they supposed to pay 5 lakhs only. Other party played few tricks during agreement) to other party to close this displute.


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