Cheque fraud
P Mahesh Shukla
(Querist) 08 November 2016
This query is : Resolved
Mr X has account in nationalized Bank. Mr. X had issued a Cheque of 10 lac rupee to my father in 2012. At the time of issuing cheque nothing was written on backside of cheque i.e. backside of cheque was blank. My father had submitted that cheque for clearing in 2012 and got money in his account. Once cheque was cleared,original non CTS instrument was returned back to issuing branch via clearing house for bank records
In 2014 my father has sold his property to my cousin brother. Mr X was our tenant and we have eventually returned his 10 Lac cheque amount via selling a shop (in which Mr. X was tenant) through my cousin. He has acknowledged in sale deed of that shop that his 10 lac which he paid by cheque to my father with cheque number has been adjusted in sale amount and no further dues pending.
After above registry in 2014 it seems Mr X has managed to access that cheque ( apparently through illegal process) from bank’s archive and had written some sort of fraud agreement that along with 10 lac in cheque he had also given 10 lac cash as advance for whole property on backside of cheque in 2014. He had written that if we agree to term and condition written that we should be selling whole property to him then only we should submit cheque for clearance. Apparently there is no signature by me or by my father on that agreement written on backside of cheque as acknowledgement. Also there is no other written agreement held between Mr. X and us about selling of property. 10 lac Cheque was issued to my father for other purpose without any written agreement.
Now using this false cheque as proof of that agreement Mr. X has filed a civil case to cancel registry (between my father and cousin for which hearings are in progress) against my father stating that as per agreement we should have sold property to him not to other and recently he has lodged a criminal 420 complaint in local Police Station. Police had called us and recorded our statements.
Please note that Mr. X had also filed a civil stay order case in court to stop sell of that property further (which is now in my brother’s name) for which lower court has dismissed his application stating that on prima faci his case is not valid. We have also given copy of court order to Police.
Please advise what are the possibility that Police would file a FIR for 420 and what are our chance to both civil and criminal cases.
adv.bharat @ PUNE
(Expert) 08 November 2016
No chance since court dismissed application.
P Mahesh Shukla
(Querist) 08 November 2016
Thanks Sir. You mean to say that Police would not file a 420 criminal case against us because court has already issued the order to dimiss his "Stay" application?
One important point that he has gone to High Court against that order, however High Court hearing is still pending.
Rajendra K Goyal
(Expert) 08 November 2016
Any condition written on the back of cheque, makes the cheque conditional, if bank clears such cheque it is party to the dispute and can be held liable.
You should file fraud and changing record for his benefit complaint against Mr. X, if police does not file FIR, file complaint with the magistrate u/s 156(3) Cr. PC. You can include Bank employee as co-accused.
Discuss in detail with some senior lawyer.
Rajendra K Goyal
(Expert) 08 November 2016
If stay has been dismissed in civil case it has nothing to do with criminal case.
Hemant Agarwal
(Expert) 09 November 2016
1. ANYTHING hand-written written on backside of a "bank cheque" has no legally enforceable value, whatsoever, more so under the N.I.Act and the Contract Act.
2. Mr. X, had removed a photocopy of the cheque he had given to you and now has has written nonsense on the same photocopy of the Cheque. All this is cheating and forgery, for which you are entitled to file criminal case in court against Mr. X, as suggested by learned expert Shri Rajendra K Goyal.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Kumar Doab
(Expert) 09 November 2016
The original cheque is in custody of the bank.
The bank can produce it and relate with photocopy.
You need a smart and sharp counsel.
P. Venu
(Expert) 09 November 2016
It is felt that the civil action may be barred by limitation. Please verify.
Kumar Doab
(Expert) 09 November 2016
Further let your own counsel opine on merits.
P Mahesh Shukla
(Querist) 11 November 2016
Thanks all for your suggestions. Appreciate it.
