Cheque bounce 138, cheating
sunil kumavat
(Querist) 25 April 2015
This query is : Resolved
Resp. Sir,
i had invested some amount with a Investor he was giving me return on it for few months, and given cheque of principal amount as a security. Now he has some problems so he is not giving me return as well as principal.
i have deposited the principal amount cheque in the bank and it is returned due fund insufficient. there are many persons to whome he has done cheating. what should i do ...
1) file an case in local police station 138 cheating.
2) file a case in court
Guest
(Expert) 25 April 2015
Choice is yours, if you have the proof of payment of money for investment.
ajay sethi
(Expert) 25 April 2015
file complaint under section 138 Ni for cheque dishonour also file summary suit
Advocate Bhartesh goyal
(Expert) 25 April 2015
You can initiate proceedings u/s 138 of N.I.Act and simultaneously can file summary suit for recovery of cheque amount along with interest .
sunil kumavat
(Querist) 25 April 2015
Thanks , but as many investers are doing this the party is not reachable at home and office in that case court summons is not received by them and case is stopped there. the party is freely moving out. what can be the solution for this. FIR in police station will give fast result .
thanking you.
sunil
Sudhir Kumar, Advocate
(Expert) 25 April 2015
Nothing new. such fraudsters are not contactable. S/138 is not meant for such persons. Summons is received back and NBW will also be received back.
Guest
(Expert) 25 April 2015
Forget about many investors, think about your own legal position about your individual case. What many investors are doing but having not faced any situation, like yours, cannot become legal leverage in your case to win.
If you have legally sound proof only in that case you can expect success in your case.
Rajendra K Goyal
(Expert) 25 April 2015
You should proceed with your own case. Starting process in Section 138 NIA case is time bound, proceed fast.
Mohammed Mujeeb
(Expert) 25 April 2015
Dear Sir,
You are requested to approach a lawyer and issue a Legal Notice within 15 days of cheque being bounced.
In case 15 days have passed by, represent cheque in Bank and take a fresh advice from Bank.
On reply within 15 days of expiry of notice period, file a 138 NIA case in Court.
You can also file a Civil Recovery Suit for the amount. The two proceedings run independent of each other.
Regards
Mohammed Mujeeb, Advocate
+919013477134
sunil kumavat
(Querist) 26 April 2015
thanks sir for your valuable advice.
i was getting 4% per month and later on he commited for double in a year. in past 3/ 4 years he has given good return.
going to court is a good option as directed by you.but i have seen one of such person has filed FIR in police station and the party is arrested. shall i go to special economical crime branch for this issue.
thanks .
sunil
Guest
(Expert) 26 April 2015
So, you had already milked, rather squeezed, enough the borrower and now you want to drag him in the court of law!
Your case depends solely on proof of mode of lending and returns bing given.
However, in unethical business, any one or both of you shoould be prepared for any police action during their investigation.
Best of luck!
T. Kalaiselvan, Advocate
(Expert) 02 May 2015
You can choose the option of approaching the police for remedy if you are comfortable with it.
sunil kumavat
(Querist) 12 May 2015
thanks sir for your valuable guidance
sunil kumavat
(Querist) 13 May 2015
as i have given some money in cash and some through bank ac transfer. i have to prove that i have given all money to the party. as the party has issued me the principal amount cheque that does not enough as i have to take back money from party . when ever i have given the money to the party he has given me the receipt.
