Hi,
Assume that there are 2 parties; the 1st party being ‘A’ and the 2nd Party being ‘B’.
‘A’ promised ‘B’ that he would get some amount as loan for ‘B’ from a known source, which helps ‘B’ to start his business. Thus, ‘A’ acted as an Agent / Mediator for ‘B’. But without executing any Agreement / Promissory note, ‘A’ asked the ‘B’ to issue some post-dated cheques without notifying anything on the cheques. In the matter of trust, ‘B’ issued 5 cheques by signing on it but without notifying anything like ‘date or payee name’ to ‘A’.
This was happened 2 years back but till now ‘A’ didn’t get any money for ‘B’ to run his business. So, the frustrated ‘B’ closed the Bank Account since he thought that why to maintain that account unnecessarily without doing any operation and handed over the whole cheque book (except that 5 cheques issued to ‘A’), pass book and all required documents to the Bank Manager. But the Bank Manager asked those 5 cheques as well. So, ‘B’ asked ‘A’ to give back all his cheques and said that he would have return all the cheques to the Bank as advised by the Manager.
But ‘A’ is demanding a big amount from ‘B’ to return the cheques, having said that ‘A’ tried to get some money for ‘B’ but he couldn’t able to do it but he had spent a huge amount of money while he tried for that. The amount that he denoted is much high from the actual which is not even acceptable by anyone. Also now, ‘A’ started blackmailing ‘B’ that he will post the cheques for clearance if ‘B’ is not agreed to give the demanded amount and file a case u/s 138, however, without giving any money for ‘B’. At this time, ‘B’ is very much worried and understood that he got trapped, without any cause. Now, by this event, we might have predicted that ‘A’ had breached the TRUST and do blackmail ‘B’ for the sake of money.
Hence, please let us know shall ‘B’ lodge a complaint against ‘A’ to the local police station by explaining the above said circumstances? If so, on what grounds / sections that we can file this case? Else, it may be problem if the same may turn around to ‘B’ as well?
So, kindly advise us how to handle this situation better and make ease the process to escape the innocent ‘B’ from the culprit ‘A’.
Hope you can do the needful for ‘B’. Thanks!
