Cheque bounce fraud
Jitendra
(Querist) 20 December 2012
This query is : Resolved
Dear Sir/Madam
I live in Surat (Gujarat). One of my friend who live in Mumbai (Maharastra) has taken a sum of 5 lacs for help and told me to return in 15 days. But he has never returned. After several requests he returned part amout of 1.7 lacs and rest he has not returned. It has been 7 months now. On the contrary he has given post cheques which also bounced twice. Past 5 months he is not picking the phone calls. I have sent the notice at his office address which he only confirms before through one advocate under scetion 138 of Negotiable instruments act,but that notice returned back unclaimed after 20 days. Shall I get the address of his bank account and resend the notice. But what if that is also retumed unclaimed as I am not knowing whether he is residing on fake address. I have all proofs of money transferred into his bank account. What shall i do now to recover my money back immediately. Can I file a police complaint so that the police will track him through his bank details. Pls. guide me your help on this shall be highly appreciated.
regards
Jitendra
ajay sethi
(Expert) 20 December 2012
returned unclaimed is proper service .
file complaint undersection 138 NI .
better file recovery case too .
polce complaint wont be of any use . you have to file complaint under 138 NI in magistrate court
Raj Kumar Makkad
(Expert) 20 December 2012
You should file a criminal complaint as per section 138 NI Act mentioning the address last known to you but if no notice is received there then make an application to the court for bailable warrants which shall follow non-bailable and thus police shall trace out that accused person.
Jitendra
(Querist) 22 December 2012
Thank you Sirs for your expert advice. Appreciated. Further to your advices I ask the advocate who is handling this case if warrant can be issued through police help to grab him from mumbai and present before the court; she said untill the notice is recieved by the accused warrant can't be issued by court. She is also saying the way forward is to file a case only after 15 days of reciept of unclaimed notice which I have recieved. she further told me to identify the correct address of the accused to sent the samman to him after filling the case. As I told her that the bank is not providing the address of the person based on his account as it is confidential. But she said in that case the samman will again go to the same address. Sir, cant the police search the person absconding after the samman is issued. Under what circumstances the warrant is issued. Also she said that it may take years to catch hold the accused and recover the money even I have all the proofs. I am not much satisfied with her answers and need your experts opinion. Sir my question is that should in any case i can take the help of police to catchold of the accused in my case. Appriciate of help sir. regards Jitendra
Raj Kumar Makkad
(Expert) 29 December 2012
The version of your lawyer is correct so follow him as advised.
Jitendra
(Querist) 31 May 2013
It has been 4 months from now....and the person is not taking the summons issued from the court... My question is when court will issue the non-bailable warrant againt hi,. What if he change his address or absconded... what are my chances of getting my money back. Will it take years t fight for the justice in these type of cases...Is there any provision that I can make police complaint to nab him.... kindly reply... thanks
