vinod (supervisor) 22 September 2013

Need suggestion

Hi,

Please dont mind please read this lengthy post and help me out please.

My name is vinod, i am running a business of tobacco and cotton, actually my case is regarding cheque bounce, actually while doing business one person suggest that some textile clothing works are there, so as a mediator if i bring some customers the commission will come, so in that hope due to loss in my running business. i divert to this side, and convence one person to do the investment also. he did the investment as a suriety side i gave my 2 cheques, later on the person escaped to give the work so i accepted the same and repay some amount. later on i deposited half amount and taken the cheques back and gave a new cheque in that i did not mention any amount, but i had a written document that this cheque cost only 5 lac but he written in the cheque 8 lacs. as earlier i dont have that document now in court he accepted then he is going to file that document.

My question is : is still it will come under cheque bounce because as per written document it is clear that cheque i gave only with the cost of 5 lacs only not for 8 lacs. so may i know what will be judge point of view

another question is : is i will come under as cheating case as i accepted that i cant give the works so i returned some amount then how the cheating will come?

Hope dont mind and reply to my problem.

Thank you.

Regards,

Vinod

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 22 September 2013

If you can prove that you have given a blank cheque for a debt amount of Rs. 5 Lakh only, you could have very well endorsed the amount in the cheque at the time of issuance itself but coming out with a new idea called you have a document for 5 lakhs only but the complainant had filled it up for 8 lakhs is not tenable however, try your luck. You cannot be arrayed for a cheating case as you have already accepted the liability and arranged for compensation

Krishna (technical associate) 22 September 2013

Hello sir,

i need a suggestion by listening my problem.

i have given a sum of 65000/- to a person named "A". as he promised to me that he will return it in two days.and he failed it to do so and when i forced him and pressured him regularly for atleast a promissary note and cheques he has given it so after two months.he gave me a promissary note for the amount of 50000/- by signing himself as borrower and witness 1. as "B" ( which was striked and re written as "b") when i asked for the balance amount he took my a/c number and said he ill deposit in it.and that was also not happened. i have got a doubt and asked for the money he said two days and he didnt pick the call after two days . finally i have made a call to the witness 1. (devendar) and i told him the whole story and asked for the signature verification he just put off his mobile .and when i dropped the cheques of 25000/- each ,it got bounced and person has called me up and said why did you bounce the cheque and warned me even though if you proceed legally i am not going to give back the money .so kindly suggest me how can i sue him upon this forgery and for his negligence .can you suggest me how to get my money back soon as i am in need of it .

Thanks & Regards.