Regarding cheque bounce
Querist :
Anonymous
(Querist) 13 January 2012
This query is : Resolved
Hi Sir,
I have lended 100000 to a person. In turn he has given me 5 cheques to me to present them every month to get back my money. He himself has signed those cheques before me . when i was about to present cheque in my bank that person called me and asked me not to present it.after few days when i asked him money he did not responded well.
---> in stead of that he is saying that he has given a complaint in police station that his cheque book is lost.
--> and also gave stop payment instructions to his banker.
1)now how can i proceed legally against that person ? if so how ?
2)can i present the cheque in bank ?
3)Please guide me completely and also what are the expenses involved with this and how many days will it take to resolve this case in court.
M.Sheik Mohammed Ali
(Expert) 13 January 2012
immediately send the notice, for your amount related and also gave the cheque and nature of the fact.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 January 2012
He wants to create alibi in the event of court case, which you can file after cheque bounce and notice .
But how you have parted such huge amount.
Sankaranarayanan
(Expert) 13 January 2012
Is that cheque was written by his hand writing and hw u paid ur amount as loan. Bby way of cash or cheque is any promisery not or paper received pertaining to ur loan. Hw many cheques he has given u as security and hw many deposited and honoured
Advocate. Arunagiri
(Expert) 13 January 2012
You can very well present the cheque, if it got bounced, you can initiate criminal case against him.
Let him take a defense, with his police complaint. His defense is only in the court.
It is up to the court to decide on merits.
ajay sethi
(Expert) 13 January 2012
did he give any letter enclsoing the cheques? was the amount and d ate written on the cheques?
did you advance 10 lakhs by cheque?
you cna deposit the cheques . on dishonour issue legal notice . file complaint under section 138 for dishonour .
Raj Kumar Makkad
(Expert) 14 January 2012
Sethi! The amount is Rs. 1 lakh and not 10 lakh.
Anyway, you have only single option to go ahead without caring for his oral threatening and present the cheque in the bank, get the first cheque bounced and then take action as per procedure of 138 NI Act.
You can adopt similar option for other cheques and let his come in all 5 cases in courts and get his bail. He shall only be sufferer.
V R SHROFF
(Expert) 14 January 2012
ACT as follows:
Open a/c at diff places, Delhi, Madurai, assam, Bhopal if you can.
Depost 5 cheques at 5 diff locations.
Send Demand Notice u/s 138
File Complaints at Diff Locations.
To attend diff Courts, he have to spend over 2L,
He will come to sense, and pay you.
prabhakar singh
(Expert) 14 January 2012
If dates are given on cheques then present them one by one on due dates and on bouncing
of each one serve notice and file complaints.
Better engage a lawyer and discuss.
Querist :
Anonymous
(Querist) 14 January 2012
dear raj kumar sir,
i gave amount to that person through cash only. i dont have any promisory note which was signed by him. cheques are written by him only. dates are also mentioned . till now i did not presented any cheques in bank.
shall i present one cheque after the other in one month after the other and get them bounced and send 5 different notices to him ? if so do i have to attend to court all the 5 times ??
Dear V R SHROFF Sir,
for me to open accounts at different places delhi, madurai, assam,bhopal even i have to travel there and also after filing the case court will also ask me to attend date after date right !!!!!
V R SHROFF
(Expert) 14 January 2012
Q" Dear V R SHROFF Sir,
for me to open accounts at different places delhi, madurai, assam,bhopal even i have to travel there and also after filing the case court will also ask me to attend date after date right !!!!!"
TRUE, BUT YOU CAN HAVE A COMMON POA TO FILE CASE. YOU ARE TROUBLED FOR PENNY, WHICH OPPOSITE PARTY HAVE TO PAY THRU POUNDS.
For Example, In Bhopal, once he appear, he have to get Local Surety, or will be in Jail, No Cash Bail, so he has no go. He have to pay you and settle a/c as per your term.
Probably only one outside place is sufficient to settle your matter. Small trouble, and complete relief!!
No Lunch is Free , my dear.
Deepak Nair
(Expert) 14 January 2012
Dear Shroff sir,
I don't think it is practicaly possible since he have to appoint different lawyers in different localities for 5 cheques of Rs.20,000/-
Deepak Nair
(Expert) 14 January 2012
Dear Querist,
Better to go ahead and deposit the cheque.
if the detils in the cheques such as 1. Your name, 2. date and 3.amout etc are filled up by the drawer himself, then his defence of losing hthe cheque will be difficult to subsist.
V R SHROFF
(Expert) 14 January 2012
Deepak,
Even a single chq bounce case, filed at Bhopal, will solve his problem.
The Strict Rule of Local Surety, and as Complaiant pr not necessary except for Evidence, accused will face NBW, Bail etc, get harassed, and pay.
To get something, he had to spend something, but in effective manner.
Majority of Leading Financial Co, Like India Bulls, Banks, adopt this Practice, to compel debtor to pay quickly, and they are successful.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 14 January 2012
For cheque case even advocate can appear and give plea and application for exemption.
But defense can slap court action.
Advocate. Arunagiri
(Expert) 14 January 2012
Mr.Shroff, the cheque can be presented any where, but the bearer of the cheque should have accounts in those areas.
NBFCs and Banks are having their network and using the network for harassing the defaulter.
ajay sethi
(Expert) 14 January 2012
you have stated that money was advanced in cash . how will you prove that there is debt due and pyable . inorder to come within ambit of ssection 138 there has to be debt due and payable .
do you have any letter wherein he has acknowledged recipt of rs 1 lakh ?
V R SHROFF
(Expert) 14 January 2012
So Shri JSDN, you recommend to file only one complaint?
as It is easy for Defense for Litigation?
I understand, this case is very difficult for Complainant to prove, So second course is Harassing accused to compel to pay, whatever he had collected.
In the interest of Justice.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 14 January 2012
because I find very very few determined complainants to persue the matter.They feel they have the cheque so they are on top of the world.
V R SHROFF
(Expert) 14 January 2012
In this case the man is on bottom , so i suggested, that he cannot. As he wants free lunch!
Devajyoti Barman
(Expert) 14 January 2012
The query has been extensively discussed.
Nothing more for me.
Shonee Kapoor
(Expert) 14 January 2012
Rightly stated by Ld. Mr. Barman.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 18 January 2012
Dear Rajkumar, shroff sir,
Thanks for your suggestions. But for me to open bank accounts in bhopal etc kind of places i should have address proof in that city :-) how to get that.
my another cause of concern is that the person on whom i am planning to take legal action through cheque bounce case belongs to SC/ST community. Will it have any repurcussions. Can you please suggest me the best.
Sudhir Kumar, Advocate
(Expert) 21 January 2012
I will fully agree with Mr Arunagiru, Mr Shroff, Mr Nair and will add that if action under NI Act is not possible then atleast action under civil suit is possible. If you give evidence that he only gave you cheque his police report will also be e false.
