Cheating case
GLEN FERNANDES
(Querist) 13 March 2012
This query is : Resolved
Dear sir, I am Mr. Glen, Age:36,from mumbai.In Jan 2010 I had made a agreement for 3 years with Mr. Arif a known person who is a professor by nature. He required finance to start a Tutorials and I paid him Rs 6,00,000/ (by cheque) for the same on condition that on a yearly basis he will give me 50 percent of the principle amount i.e. Rs 3,00,000/ yearly irrespective of his profits or even if it is shut down. And if he is unable to pay within the due date , then additional 24 percent of interest per annumn will also be applicable to him. Till date he is supposed to give me Rs 11,32,500 /(including the principle).And he has paid me only 2,00,000.(Rs 1,50,00 by cash and 50,000 by cheque).Initially along with the agreement he had given me 2 post dated cheque which have expired (they were dated in 2010) and one additional blank cheque. Now he is harassing me and reluctant to pay me anything. He is saying I don’t have money even though his classes are running well. He says that I will give only your principle amount of Rs 6,00,000, for which I doubt he will give. Now I only have one trump card of a blank cheque left with me for any legal actions. Even If I put the blank cheque with whole amount and file a bounced complaint case, U/s-138 of NI Act , will I get my entire money with interest along with the principle. What is the process for filing a complaint? Approx How many days it will take for the whole process? After the end of 3 yrs will the agreement be valid ? What are the legal aspects of a expired cheques?. Sir, I am in deep trouble, since it was my harden money which I had given to him. Please guide me with all legal aspects, what should I do.
Thanking you
Raj Kumar Makkad
(Expert) 14 March 2012
If you know that blank cheque is your trump card then you might have also been having knowledge of filing the complaint.
Engage a local lawyer to deal with your complaint. Your trump card shall work but prior to that engage a lawyer because notice is to be sent within 30 days of intimation of the bouncing and then period of 15 days for payment and then complaint is to be filed within next 30 days.
V R SHROFF
(Expert) 14 March 2012
Ensure to prove your Agreement, and payment by him.
See that 3 yeas do not lapse after his last payment to you, to bring transaction in limitation.i.e must take ALL ACTION by say Dec 2012. (or within 326 months of his last payment [preferably cheque date for 50k]
Befor Filing Annual Income Tax Return, mention it in your I Tax Return, in consultation with your CA.
It will ensure return of your money.
Advocate Rajkumarlaxman
(Expert) 14 March 2012
See bounce the cheque putting relevant/reasonable amount which you feel he has to give and immediately send a legal notice on bouncing of the cheque file a complaint after 15 days and after 31st march from 1st april there are amendments in NI act follow the same. and as stated by our experts do the needful.. I am from Mumbai if you need any help call me on 9167004496/9146259966.
SAINATH DEVALLA
(Expert) 14 March 2012
Dear Glen,
Point no 1.
You have given Rs.600000/- by way of cheque payment.How would prove the source for that amount on that particular day.
Point no 2.Let us forget about the figures you have mentioned and the dated cheques.(They are immaterial now). You should have attached the agreement copy also, which would help us to give the correct assesment, whether it is dead or still alive.
Point no 3.
You can present the cheque without any delay and proceed as per the strictures of NI Act,or as per the instructions of your advocate.
Deepak Nair
(Expert) 14 March 2012
Well advised by the experts above.
While putting the amount in the cheque, you need to be careful as you are required to justify the same before the court in the event of a 138 complaint is filed.
So, consult a lawyer before depositing the cheque.
ESTHERPRIYA
(Expert) 15 March 2012
Yes you can put the cheque bounce case but before consult a lawyer in your locality so that he can guide you before proceeding further
