Harsh (None) 18 June 2018

Guidance in cheque bounce case

Respected sir

One of my friend has taken Rs 18000 in Cash from other friend(Customer) on interest @3 % per Month. In liue of the security my friend gave him a Blank Signed undated Cheque.

Now that person was demanding Rs 600000 (6 Lakhs) gainst the cheque.

He filled the cheque himself and deposited same in Bank. My friend has received a message of cheque bounce on his mobile.

Now that other person is asking to settle the case by giving atleast 1.25 Lakhs. He is saying that if he will not give Rs 1.25 Lakhs in a week or two he will get the section 138 notice issued and lodge FIR to police and will ask Police also to torture as he has some influence in Local Police station.

The perosn is Middle class one with small grocery business. They cant immediate arrange Rs 1.25 Lakhs.

Can he also lodge a Complaint and FIR that this cheque has been misused etc. Can that person give such huge amount in Cash without any licenence.

Kinldy guide

Regards

Harsh

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1 Replies

Raghav Arora 18 June 2018

Hi! Thanks for the question!

First of all, you required to disclose as to when did you hand over the cheque to the person concerned. The exact date!

In this case, you will be required to prove that you issued this cheque in lieu of security.

*As per section 141 of the NIA, generally the presumption is in the favor of the holder and you are bound to make the payment if the cheque has been presented in the bank unless proved contrary. So firstly, you are advised to go smart and bold and not economical as far as your lawyer is concerned.

1. In case you have not received any notice from the other party so far, keeping in mind previous and the next cheque number and their date of issue and encashment in the bank( Very Important ), you can lodge an F.I.R with the police disclosing the true fact, along with allegations that he has been threatening you of dire consequences.

2. In case he has already issued a notice, then the fate of your case will depend on the allegations made by him and your F.I.R will be taken as afterthoughts and will not be accepted easily, and you will have to contest the case, which would be very difficult to control unless handled wisely by an expert advocate.

*So, If possible, instigate him to speak of the matter and record him over the phone which could prove to be one of the conclusive proofs.

*As you said that he has his way with the police officers, you can complain to the higher officials like S.H.O, S.S.P or even D.I.G. via registered/speed post. However, the fate of your case will depend upon the allegations made by the opposite party and your defense against the same.

Good Luck!