sankara 10 July 2017

Cheque bounce in insufficient balance

Hello Sirs,

can you please help me how can i further approach...

I paid Rs:-4,00,000 to another person through online transaction for job purpose from March to April month 2016 .
After six month still not get any favourable reply for job then I ask that person repay my money.
he agree and repay the amount through 2 times IMPS and 4 cheque that amount total Rs-2,50,000 from November 2016 to April 2017
(Note: last payment i received Rs-50,000 through cheque April).
so still pending amount Rs-1,50,000 that he provides the two cheques 50,000 and 50,000 from May 04 2017 and remaing 50,000 not have any evidence recevied from him.
he told me my account have money to put two cheque collection in Bank then i put cheque after 2 day i recived information from bank that insufficent funds .
I ask to him that you account not have money . he told me sorry next week only have money in my account so you put two cheque
again i did the same that two cheque had received information from bank that insufficent money.

i tired to contact him but he didnot pick up call...

i sent legal notice to him with above i mentioned statement cheating files a NI 138 through postal , he recived the copy and reply the legal notice ...

Reply Legal Notice Statement:

He reply the legal notice,
he provide me the three cheque for his nephew job purpose that intially he released the first cheque amount Rs- 50,000(above i hints note statment)..
after one month his nephew decide no need job so he ask me Rs:-50,000 and two cheques . i reply to hime please wait i will provide Rs:-50,000 and two cheques with in 10 days
After 10 days he approach for Rs:-50,000 and two cheques still I ask 10 days , after that he not consider this issue and busy with some work.
in the meantime i misuse the two cheque that two times put collection in the Bank.
Sec 406 breach of trust

Thanks

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3 Replies

Jayashree Hariharan (Advocate) 10 July 2017

if you have any emails indicating that you had approached him for job and he asked for the amount and you sent it then it will be easy. otherwise you can prove that the online transaction between u and him took place first and so he gave the cheques to you in return for it. yours is a transparent case.You have good evidence

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 11 July 2017

I am sorry, your poor English and unnecessary superfluous details confuse the whole issue. Confusion confuses the court also and confusion helps the accused. Put in simple language the case is like this. You transferred Rs. 4 lakhs to the account of the accused through online transaction. The accused repaid Rs. X /- by cheques. For the remaining Rs. (4 - X) lakhs the accused gave you two or more cheques. The cheques got bounced. The accused asked you to present the cheques again. You presented the cheques again and they again bounced.

The strong points in your favour are (1) bank account to bank account transaction of your 4 lakhs. (2) the accused has not disputed that the bounced cheques (he has a bad lawyer) were issued by him.

You get a certificate from your Bank Manager for the account to account transaction. You ignore and refuse to get drawn into the issue of nephew. The most important thing is that your case should be clearly presented before the court in simple language.