Cheque and jewerally
aarti
(Querist) 07 May 2012
This query is : Resolved
my fren is a jeweler he need money time to time for his business...
i gave him money he morgage his jewerally later i brought his jewerally....
after some months he take money on the basis of cheque and stamps and it goes for 4-5 months
now he disappers and
his cheque bounces and i need to recovery my amount will he can file against me too that his jewerally is with me....
amount is 1.2 lac
Sankaranarayanan
(Expert) 07 May 2012
while made transaction of money and jewellery had any agreement and mentioned , if no evidence of details then he can not. But at the same time against the cheque bounce you can file case u/s 138, but it should be with in one month from the date of bouncing after issuing legal notice
ajay sethi
(Expert) 07 May 2012
what is value of jwellery . get it valued . if he needs his jwellery back he will repay you
SAINATH DEVALLA
(Expert) 07 May 2012
How did you give him the money,By cheque or cash?Do you have any other documentary proof other than the cheque.How did he give the jewellary to you,are there any proofs?If no,immediately send him a legal notice for the cheque bounce,otherwise you will be loosing your time.
Shonee Kapoor
(Expert) 07 May 2012
If cheques are in your possession and the same has bounced, issue notice/.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
aarti
(Querist) 07 May 2012
i give him cash
and intrest he paid me by cash deposite in my bank account , he might have pay reciept of intrest which deposite by him in bank
he deposite it by cash
i have no proof of jewerally purchased from him
can he ever claim on it
ajay sethi
(Expert) 07 May 2012
its all unaccounted money .you may not have any proof of transaction . how will you prove there is debt due and payable in repect of dishonoured cheque?
aarti
(Querist) 07 May 2012
ajay sir
he deposite money in my bank a/c as cash cr
i have blank stamp paper of him
and he given cheque by my name (a/c payee) which get disonred and it was in his handwriting
i gave him 1.2 lac jewerally is 50 thousand if i sell today and intrest he deposite in bank is around 20 thousand
ajay sethi
(Expert) 07 May 2012
you have blank stamp paper . we do not advise fabricating evidence by typing his acknowledgement on blank stamp paper .
consult a local lawyer
adv. rajeev ( rajoo )
(Expert) 07 May 2012
You have two options one is to liquidate the jewellaries or go for cheque bounce case u/s 138 of NI ACt. To know the procedure to file complaint u/s 138 you meet your lawyer.
SAINATH DEVALLA
(Expert) 09 May 2012
Arati,
Your contents are confusing.Earlier you said you are in possession of his jewellary,later you said you have purchased jewellary from him,contradicting.Better consult local lawyer for your problem.
