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MUTHU MANICKAM (SERVICE)     19 January 2011

Cheque bouncing

Dear Sirs,

I need a suggestion.  I have taken loan of around 10 Lakhs and paid almost 24 lakhs to one individual person.

He has collected cheques from me and he is telling that he has got cheques for arount 18 Lakhs. What ever amount he has paid and what ever amount I was returning also through bank transaction only. ( internet bank transfer ). Now he is not returning my cheque stating that what ever money I have given is only interest ( for the period of 3 years ) .

what I should do now?  More over in some of the cheques by mistake I have written his name ( with one alphabet ) different. He is telling that is also crime

 

Kindly advise me immediately

Thanks and best regards

 

Muthu



Learning

 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     19 January 2011

Dont worry about menttioning the wrong name of the person to whom cheque is issued.

You have to do one thing issue a notice to him giving the details of the interest and amount paid thru., net banking and also inform the same to your banker stop the payment of the cheques (mentioning the numbers) if bank receives it for the payment, presented by anybody.  SEnd the copy of the same to the person .

Moreover he is indulging in illegal money lending, which does not attrct NI A ct.

B.N.Rajamohamed (advocate / commissioner of oaths)     19 January 2011

Mr.Muthu,

                  Now you send a legal notice to him demanding the return of other cheques by citing the amounts paid . Also file a police complaint against him for collecting exorbitant amount as interest. Get a copy of the FIR and send an intimation for stop payment to yourbanker. Inspite of this he continues his mischief do contact me. 

Radhey (Owner)     19 January 2011

 

plz. study this link of mine,certainly would be helpful,also request to give me feedback


https://lawyersclubindia.com/forum/Re-138-N-I-A-IS-DEAD-ALMOST-29868.asp

 

 

esp.  this link would make it ckear to U that stop payment/account close does not fall under 138 NIA,feedback plz.

 

 

https://indiankanoon.org/doc/159343/


MUTHU MANICKAM (SERVICE)     19 January 2011

Dear All,

Thanks for the immediate response, and I am really greatful to you people for the moral support. Really I am in deep drouble  with the person. Every day I used to transfer 2000 rupees to his account since 3.5 years. He use to threaten me that he is having my blank cheque. Now he is telling all the money is adjusted to interest only.

Since my cheque was with  him I was  quite so long.  Now I will follow your advise.

 

Thanks once again to all

 

Muthu manickam

MUTHU MANICKAM (SERVICE)     05 February 2011

Dear All,

In continuation to the above He got my some of the cheques without name and he is threttening me that he will put the cheques with other person name in other state.  Now my question is:

1. If the person deposit my cheque with some one else name in other state I need to go the other state court?

2. Just like that any one can write the name of any persons cheque and deposit? Even though I have not received any money from hime?

3. He is sending nasty sms through mobile, what I should do?

Thanks and regards

 

Muthu


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