Stop payment of cheque due to forcefull demand


I issued a cheque of Rs.12000 to Jaypee Associated Limited on 28/06/2012. The reason for issue is that my car met with accident on yamuna expressway and in accident Jaypee property(side railing) was damaged. So, they were demanding the compensation of Rs.20000 for same in cash.

Initially I denied to pay any amount to them. They threatened me by saying that they will not allow to take my car  from their area. 

With lot of discussion and due to their threat I issued the cheque. Later I made stop payment. 

So can I prosecuted for the same. If yes please tell me the step to prove that the cheque was issued due to forcefull demand

 
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Lawyer in Hyderabad.wats app no.9989324294

Yourself accepted that you damaged other party property. You issued cheque means you binded with the negotiation. But forceable contract is not valid under the eye of the law. 


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nil

But the other party will mostly drag you for bounce cheque prosecution & their case is strong, though at a later stage in trial it would come out that cheque was given by force.


Total likes : 1 times

 
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pls suggest what should I do now to get away safely 

 
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FIN

Is "Jaypee Associated Limited" allowed to act as police, court to collect costs on the spot?

Is the railing insured? Has the company lodged a complaint with police? What is the actual cost of damage? Did you offer to get it repaired/replaced?

Were they willing the issue receipt of the cash they were demanding from you?

Have they issued acknowledgment of the cheque collected from you?

You should have approached your lawyer and your lawyer might have adviced to issue notice not to present the cheque that was forcibly collected from you.

Kindly approach a competent and experienced lawyer. Your lawyer would know how to handle the situation. Your lawyer may issue a legal notice or may talk out the matter.

You could have at least discussed the matter with your area councilor and talked out the matter and resolved it.

 

 

 
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advocate.dma@gmail.com

Have you received the notice ??

 

The compensation or recovery on account of accidental damage to a public property or property meant for public use, is not as straight forward as JP and you have done. So relax.  Wait till you receive the notice and find out what stand JP would take.

 
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dear members

if JP is really empowered to issue notice, then it would be better to pay the amount since you accept the accident and your liability.

thanks

yours

v.lakshminarayanan

palani 

 
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