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RC Gayatri ( )     01 August 2024

Cheque bounce -ni act case

 Sir/Madam, 

 

1) In 2019 I gave 8 lakhs to my friend through online bank TRANSFER . For many days he did not return my money. Not attending my phone calls.  altast I got hold of him . He gave me one cheque for 4 lakhs. I presented in bank but it got bounced back. CHEQUE content is filled by him only INCLUDING DATE, AMOUNT  ETC.
2) I took help of local lawyer. We filed 2 cases. one is NI act  on the cheque bounced and another is money recovery act with the help of bank account statements  with support of cheque for complete 8 lakhs along with interest.  They were filed almost 3 years back . 
3) 1 week back, My friend came to me for a compromise and he gave me 4 lakhs back through online transfer NEFT. he said he will return back my remaining money ( 4 lakhs principal plus interest for this 5 years). I assured him of taking those 2 cases back once he gives me my remaining money ( 4 lakhs principal plus interest for these 5 years). 
4) all of a sudden Now he started bluffing. He is saying that as he has returned my 4 lakhs money, he is asking me to take back 2 cases on me as he has the proof of returning back my money . As cheque is issued for 4 lakhs & he gave 4 lakhs through online transfer now and money recovery act is filed with the help of bank statement & cheque support. How can it be possible ?  

As now he wants to say before court that  he has returned back 4 lakhs(which is same as cheque issued amount), IT HAS IMPLIED MEANING THAT HE HAS TAKEN MONEY FROM ME AND HE HAS ISSUED CHEQUE TO ME. AM I RIGHT ? Will this point not help me in winning the case ?

Now what should I do or what should I ask my lawyer to do  if he keeps bluffing before court that he has repaid my complete money.

Pls guide me completely.  CAN I WIN NI ACT AND MONEY RECOVERY ACT CASES WITH THE HELP OF BANK STATEMENTS OF MINE NOW. 

pls suggest

 



Learning

 12 Replies

T. Kalaiselvan, Advocate (Advocate)     01 August 2024

If you have filed the civil suit for 8 lakhs then you continue that civil money recovery suit. 

Let him tell anything before court,  you inform your advocate to deny his allegations. 

RC Gayatri ( )     01 August 2024

T.kalaselvan, 

 

what about NI act case ? this is more important . pls guide

Alisha Kohli   01 August 2024

If u have mentioned about the amount as 8 lacs continue with the same and u hve proofs of statements that u hve given 8 lacs, then need not worry and continue with the cases .

T. Kalaiselvan, Advocate (Advocate)     02 August 2024

The NI act was filed against the bounced cheque to the value of the cheque,  hence you cannot claim any amount more than cheque amount and passing an order by court for double the cheque amount,  if prayed for. will depend on the discretion of court concerned. 

Therefore you were advised to pursue the civil money recovery suit properly. 

RC Gayatri ( )     02 August 2024

Sir thanks for your reply.

1) half payment is given to me after cheque got bounced. Means after the crime/ mistake. And after months cheque got bounced he gave half of total amount means he acknowledged borrowing from me and issuing cheque.  Why can't I win NI act case ?

2) he has given just half the total amount borrowed. Why can't NI act and recovery act both valid .

I am new to all this kindly guide 

T. Kalaiselvan, Advocate (Advocate)     03 August 2024

The cheque bounce case filed under section 138 NI act is only for the cheque that has bounced.

If he has paid the cheque amount then the case can be compounded.

However since the crime has been proved the court has got powers to punish him  but since there is no money to be recovered beyond the cheque amount you cannot expect the crimnal court to help you recover the amount which is beyond the cheque amount.

You have to file the civil money recovery suit which you have already done it and can restrict your claim for the remaiing amount alone.

RC Gayatri ( )     03 August 2024

T.Kalaiselvan Sir,

humble thanks for your reply.

if so why cant I or my lawyer keep an argument that the amount he has paid is for civil suit (partially)? and keep NI act case alive ?

as we all know, no one is afraid of civil suits. 

atleast in NI act we may expect 6 months conviction for accused party. 

 

P. Venu (Advocate)     03 August 2024

Does the pleadings in the civil case mention of the criminal action you have initiated under NI Act?

RC Gayatri ( )     03 August 2024

Originally posted by : P. Venu
Does the pleadings in the civil case mention of the criminal action you have initiated under NI Act?

P.venu Sir

 

Yes. In civil case we used my bank statement as proof and mentioned NI act case cheque too.

 

Kindly guide

T. Kalaiselvan, Advocate (Advocate)     03 August 2024

Since you have already filed the civil suit, if that case is not in progress and if the status of the case says at trial stage then you can file a petition in the  suit restricting your  claim amount by deducting the amount he already paid and continue the cheque bounce case, let him take a defence in the criminal court  where you can argue accordingly by bringing the civil suit records before the criminal court to defend your interests. 

P. Venu (Advocate)     04 August 2024

Yes, in the light of the subsequent developments, you can carryout amendment of the pleadings moulding the relief accordingly.

As to the Criminal action under NI Act, you apprise the Court of the payment of the debt and withdraw the case.

Wonder Woman   05 August 2024

Conmect with me at 8076070053


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