ALIASGAR. F. BOHRA (MANAGER) 29 September 2011

Forcibily cheque taken by police

i had entered in agreement for sale of my house with a person and his wife. He did not get the deal completed on time. hence i gave him a notice for the cancellation of registration and take back the part amount he had given to me. But he did not cancel the agreement for more than 5 months. on 5th Sept 2011 I tried to keep a meeting with him at the agents office. On reaching over there he forcibly started hitting me and both of us did go to the police station where he had already made settings with one police inspector. This police inspector made me forcibly issue cheques to this guy whereas i told him that this is unlawfull . Please suggest whether the cheques taken forcibly and gets bounced due to lack of funds in the account than what is the precaution i can take before the cheque comes into my bank account other than depositing the cash in bank.

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9 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 29 September 2011

there are always two sides not one as you are projecting still contest in court it is easy to win anu cheque case.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 29 September 2011

Dear Ali Asghar

Firstly you can send an application to SSP/Commissioner of police regarding this matter and try to registered a case against the person and police inspector if the SSP?commissioner is not ready to take any action then file a criminal complaint against them, if he file a criminal complint against you u/s 138 NI act then you can take defence on this ground

feel free to call me on 919953809956

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 29 September 2011

Once you have given cheque than afterwards such tactics do not work. There is no smoke without fire, there must be some dues which the party used tactics to take it out from you.

Yes if you can show no dues or no relations and than cheque is taken than and than only you wlll be heard.

Democratic Indian (n/a) 29 September 2011

Even if somebody has dues, there is due process of law to extract the dues lawfully. Does pending of dues allow the other party to use violent force and threats to extract a cheque in its favour? It is another matter whether he will be able to prove that under duress of unlawful force and threats he has been forced to issue a cheque. I think Nadeem Quereshi has advised him to report to SSP keeping this in mind.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 30 September 2011

But dear sir it will defficult to prove than cheque was given under distress since the persons must have brought cheque book from home , written and signed. All these acts can not be forced.

Incidentally the Honble SC has given stringent directions for issue and tenure of NBW in criminal cases on 9th Sep 2011. Pl send your email ID to me at my email ID - firmaction at gmail for the copy of the original judgment which I will forward with pleasure.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 30 September 2011

Dear friends

there is no provision in eyes of law that if a cheque issued in therethened cituation then the issuerer always liable for that. Hon'ble Court also see the facts and circumastances.