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Deepak Kumar (Student at IIT Bombay)     06 July 2018

Why i am here on lawyers club india forum? listen my story

 On 18 February, I was excited to make quick money, so thought of buying Bitcoin online from a Facebook user who offered me to sell bitcoin at a lower price. Although in the span of 4 months he returned my 65000 INR, he requested to unblock his frozen bank account so that he send me remaining 37000 inr which was in his bank, for that he sent me a cheque of 37000 which includes 2000 inr as compensation. After un-freezing the account he first said will account transfer it, later he stopped responding, and his given cheque bounced. So I am in legal help, please help me

Read more at: https://www.lawyersclubindia.com/profile.asp?member_id=414001



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 7 Replies

R.Ramachandran (Advocate)     06 July 2018

On what date the cheque bounced?

R.Ramachandran (Advocate)     06 July 2018

Whether the communication between you both is oral, or through email or by any other mode?

Deepak Kumar (Student at IIT Bombay)     06 July 2018

On 25 June 2018, cheque was bounced. 

I transferred 1 lakh on 18 feb, 2018.

Deepak Kumar (Student at IIT Bombay)     06 July 2018

I have phone call recordings of everything.

He sent me cheque through post, and a letter along with it, requesting to settle the dispute. both have same signature but wrong one.

Police was involved in this matter, there was no FIR but a police compaint, and we gave him 4 month time to return money.

We can talk on phone, if you wish.

Deepak Kumar (Student at IIT Bombay)     06 July 2018

I have phone call recordings of everything. The same phone number which is in bank and aadhar, I have phone call recordings related to the deal to buy bitcoin and also of talks related to settle the dispute via cheque, he requested to un-freeze bank account so that he can return the remaining money.

He sent me cheque through a private post, and a hand-written letter along with it, requesting to settle the dispute. both have same signature but wrong one.

Police was involved in this matter, there was no FIR but a police compaint, and we gave him 4 month time to return money. And formally case was closed as I told them that I have recieved a cheque of 37000 INR, and 65000 through online transfer.

We can talk on phone, if you wish.

R.Ramachandran (Advocate)     06 July 2018

1. You have to issue a Statutory notice u/s. 138 WITHIN 30 days of the receipt of information  from the bank regarding the return of the cheque as unpaid.  For this better take help of a local lawyer.

2. If the payment is not received by you from your friend within 15 of the receipt of the notice by him, you have to file a Complaint under Section 138 in the appropriate Jurisdictional Magistrate Court, within one month when your friend fails to make the payment.

 

Deepak Kumar (Student at IIT Bombay)     06 July 2018

Ok, is it a criminal case or civil case. Should I go for cheque bounce case only, or include the attempt of fraud in which he failed.


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