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Cheque liability

Page no : 2

naveenraj jain (proprietor)     19 October 2015

You say you don't have any knowledge of the whether cqs were signed by you or not. Then how did you arrive at stating that there were 10 leaves. It means you had the knowledge. Kindly state the truth to extend any sort of help.

A. Kumar Rai (job)     20 October 2015

Naveen raj ji this comes to my notice when i got 1st notice of advocate under section 138. I immediately file an FIR as well as inform to bank and stopped all my cheques.

A. Kumar Rai (job)     20 October 2015

Dr MPS RAMANI JI i did all these things but the person who deposited these cheques he is saying that i had given him cheques in july but he is depositing it in august. Along with this in his notice he is mentioning date on which i issued him cheque as well as saying i issued him cheque of said amounts but to police he is saying i had given him blank cheque. Some people thinks here that i m trying to cheat but the only face is i already be cheated and mentally harassed by them.

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     20 October 2015

बिना आग के धुवा होता नही. बीमारी समज़् ली तो इलाज की शुरूवात हे . तुज़े ज़रूरत थी इसलिए चेक दिया. यह सच हे की हर साहूकार सरकारी या गेर सरकारी लोन देते समय कोरा चेक लेता हे बाद मे रकम तारिक़ डालकर केस लगता हे. तुज़े ज़रूरत थी इसलिए कोरा चेक सही करके दिया .अब चेक चोरी गया कोई लेना देना नही यह बचाव ताश के पत्तो का घर हे . कागज की नाव हे चलेगी नही. फिर भी चेक केस मे बच सकता हे कारण कड़क क़ानून मे भी ख़ामिया होती हे. परंतु जब धागे मिक्स होगये तब बहुत सावधानी से अकल से मेहनत से एक एक धागा निकालना होगा. जितनी जल्दी की उतनी प्राब्लम ज़्यादा होगी. अनेको मे कोई एक जीतता हे.परन्तु उसने किन ग़लतीओ का फ़ायदा लिया यह तूजे मालूम नही. सिर्फ़ फाइनल फेसले का ढोल हरेक के लिए बजेगा नही.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 October 2015

1. Please say how many cheques have so far been presented at the bank. 2. How many cheques have been cleared and amount paid by your bank, please give the date of clearing and the amount of each cheque?  3. On what date and how  did you come to know that your cheque leaves had been stolen? 4. On what date did you file the FIR?  5. On what date did you give the stop cheque instructions to the bank? 6. Has he presented the Rs.8 lakh cheque in the bank and got it returned or is he only threatening that he would do that? 7. How many cheque leaves are remaining with him?

Please clearly answer all the seven questions, each one separately. Only if you answer the above questions one will get a clear picture. A clear picture is necessary to give you a meaningful advice.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 October 2015

A thief will not go to court.

A. Kumar Rai (job)     21 October 2015

Dr Ramani ji i will give all your answers 1. Three cheques has been represented so far 2. No cheques has been cleared as i wasn't using that account and it has negetive balance 3. On 12th September it comes to mine notice that my cheque book is missing and someone is misusing it. Its the day when i got advoccate natice of 1st cheque. 4. I submitted complaint regarding this on 17th september 5. On 14th September i gave instructions to bank regarding stop payment of cheque and lost of cheque book. 6. Yes he has deposited the cheque of rs 8 lakh and after receiving advocate notice regarding this all this matter comes to my knowledge. 7. Seven cheques are still remaining with him. I hope i have given all answer. Till date i havnt received any court notice. But i am jusr discussing here just because if he goes to court what should i do.

A. Kumar Rai (job)     21 October 2015

I agree with you ramani ji i agree a thief will not go to court. But now i want to go to court regarding all this. What should i do and what proof i have to arrange for proving that all this is lie and someone cheating me.

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     22 October 2015

• हर कोर्ट केस मे होता हे शब्दो का खेल. कम से कम शब्दो मे , सरल भाषा मे आपको अपनी बात कहना आनी चाहिए. अपनी स्टोरी बनाने के बजाय सामने वाले की कहानी मे ग़लतिया देखो. खोजोगे एक मिलेगी अनेक. उसपर क़ानून देखो ओर हॅमर करो . जीतने का यह हे पर्फेक्ट फ़ॉर्मूला.

Anil Agrawal (Retired)     22 October 2015

Have you taken any mone from payee and deposited her cheque she in your bank? If not she cannot prove that your cheque so wew in payment of legally enforceable debt. You cannot hide facts from this forum to misguide and hide the truth. That will do you more harm.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     22 October 2015

Three cheques have been presented at the bank including the one for Rs.8 lakhs.  On 12th September you received advocate notice regarding first cheque.  Is it the same cheque for Rs.8 lakhs?  How many lawyer notices have you received? Are all of them on behalf of the same client or different clients? You gave instructions to the bank only on 14th September.  Your cheques were returned due to inadequate balance in your account.    I presume that you received one and only legal notice on 12th September for Rs. 8 lakhs and that you did not reply it. The complainant has to wait for 15 days after the notice is received by you, in other words up to 27th September or a little later.  After 27th September he has time of 30 days, up to 27th October to file complaint. He has still time to file the Complaint in the court. Now all these time limits are only for litigants. Courts do not have any time limits. They can send you summons at their own sweet time.  You may receive court summons after several months. So months may pass and still you cannot be sure that the Damocles sword has been removed from above your head.    Are you sure that the police have filed FIR on your complaint?  Most often police fool the complainants. Normally one narrates  the complaint to the police and they note it down in their register.  Have the police given you a copy of the FIR?  If not ask them.  You not only make sure that an FIR has been really filed, but also periodically follow it up. If you have named any person in the FIR or given enough information to the police to suspect who the thief is or could be, they should interrogate him/them

A. Kumar Rai (job)     25 October 2015

Sir i replied to the notice and 3 notices have been received yet. Police didn't filed any FIR. Thry assume cheque depositer's story. I never had taken any loan from anyone. Not even deposited his/her cheque in my account not even any transfer in my account. I want to go against them for misusing my cheques. What steps should i take now.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     26 October 2015

It seems that you gave cheques to some body who has put the name of other person known to him and may file case against you. Still he has to prove his case in the court, engage an advocate who has won the cheque cases and you can still come out. Fight properly and you can win any cheque case legally .

Anil Agrawal (Retired)     26 October 2015

It is a classical case. Grapes went sour.

SAINATH DEVALLA (LEGAL CONSULTANT)     26 October 2015

The query is grtting extending to too many web pages for nothing.I presume this is only imaginary or academic in nature.Everyone who has answered have taken pains to impart sufficient knowledge to the querist,but he has suddenly disappeared.


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