Cheque return

Querist : Anonymous (Querist) 24 November 2017 This query is : Resolved
Hello Sir

I given 10lakh to one of my friend. he given me cheque as security . once time came for repayment he stop to responding me. i deposited cheque in bank twice but it got return with reason "FUND INSUFFICIENT '' . Then i meet him and demanded fund. he got anger and attack on me to hurt my body. same day i complaint about this to local police station . but no action taken on him. i decided to deposit his cheque one more time. this time i received memo from bank with mansion that cheque is return reason was '' Refer to Drawer ''.

I send him demand notice according to NI 138. But didn't got any response in 15 days. Finaly i did court case . That fellow is saying i will arrange fake witness that i didn't received fund or i already paid fund and demanding again 10Lakh. i m worried because i given him fund without any written note. my family is so tense . please advice what to do ?

Follow Query

Report Abuse

Querist : Anonymous (Querist) 24 November 2017
..................................................................................................................................................................................

Vijay Raj Mahajan (Expert) 24 November 2017
Don't worry the returned back cheque is sufficient evidence that the money was due from him and he failed to repay it. S 138 NI Act deals with bank cheque bounce cases and so it happened due to insufficient funds. You may also file Civil Summary Suit u/o 37 CPC for recovery of amount due from him, bounced cheque is sufficient proof of promissory note that amount was due from him.

Querist : Anonymous (Querist) 24 November 2017
Sir Thanks for advice . as i mention he didn't replied of my demand notice from date of deliver of notice. its already 2 month. if he give answer of notice and file case against me now. so court consider complaint or notice answer ?

Guest (Expert) 24 November 2017
Well Advised by Advocate Mr.Vijay Raj Mahajan

Advocate Bhartesh goyal (Expert) 24 November 2017
I too agree with Mr Vijay Raj Mohan.

Guest (Expert) 24 November 2017
Well advised, although problem does not seem to real.

P. Venu (Expert) 25 November 2017
The fact of the matter is that stories like this amount to gross misuse of the provisions NI 138; the presumption under Section 139 has become quite handy for the so-called blade mafia to exploit the hapless public. The story that comes under NI 138 cases are almost similar that the complainant has advanced an amount and has received a predated signed cheque for the amount.
The real story is the amount is advanced against huge usurious interest (@5-10% per month, the first month's interest deducted from the amount advanced itself). In return, a blank undated but signed cheque is taken. This leads to a situation where the loanee always in debt and once he falls in arrears, the cheque is filled with a fancy amount. It is but natural that the cheque bounces, leading to action under NI 138.
The case covered by this query appears to be no different, as suggested by facts posted.

Dr J C Vashista (Expert) 26 November 2017
Anonymous author should not expect any FREE service from experts on this platform.

Querist : Anonymous (Querist) 26 November 2017
Mr. P Venu. What do you mean by your reply ?? This case which is post in fake and about to cheat people with high interest amount ? i clearly mention i got hurt from drawer who given me cheque . when i asked my money to give back after twice cheque got return.

Do you think that blade mafia are taking advice from this stage ? they are doing recovery with harming people.

If you can't answer what public ask that's fine. but don't judge without know story well. And stop to insult anyone who are really in trouble and trying to find solution by self .

P. Venu (Expert) 27 November 2017
If the story is genuine, you need not have been worried about the alleged accused bringing the so called fake witness in his defense.

Querist : Anonymous (Querist) 27 November 2017
Dear P.Venu

Sir Thanks for reply.

If it's not real story then why he allow me to return 3 Times Cheaque . and when i demanded money after 2 time PDC got return he harmed me badly . if story is fake then at the same time he supposed to file FIR against me. if not than atlas he supposed to answer of my demand notice.

I m worried because its first time in court matter for me. i m only 27yrs old. i have done pilot training in Philippines and conversion of my license in india. but on side business doing import export of fruits and vegetables business to.

I m scar only if fake witness will make story and court will give judgment on them fever then what i will do. i have this huge earned after 5yrs hard work and investment of time.

Cheque return

Similar Resolved Queries :