before due date a post dated cheque is made base of FIR
jitendra
(Querist) 22 August 2015
This query is : Resolved
I am doing business (1) share market sub broker(2)supply stationery items to Gov't deptt.(3) propetty buying selling . I took LOAN from 5 persons on higher interest@4% per month and somewhere 5% too for my stationery and property business and on plain paper a loan paper was created in which it is clearly mentioned that this is loan on interest for stationary and property business only,duly signed by lenders ( unfortunately these are my clints too in share sub broker business) they give me loan amt cash and by cheque on my personal name(share mkt payment always made in the name of broker firm karvy not in my name) for these loan lenders took POST DATED CHEQUE of principal amt. as well as interest amt. on per month basis.and on the date of interest they return chq to me amd got cash as intetest and signed a receipt of payment of interest. it was regular practice and every year they renewed cheque of principal amount for next tenure . Now since 8 months all money lenders ( they are gov't employees,not licence holder money lenders) formed a group and collectively demanded more 2% extra interest means 4+2=6% and somewhere 5+2=7%per month. As usual dispute arised and in result they are threatening by other meant and demanding their principal amt. before due date of cheque. Amount is in business rotation hence it is not possible to return them at once. I made payment cash return of principal amt in instalment to them and obtained receipt.After 3 monthly payment of principal amount (interest separately given continuesly every month) suddenly 2 money lenders lodged FIR against me u/s 420 and 409 before due date of POST DATED CHEQUE ( chq due date was 31.3.15 and thay lodged FIR on 10.02.15 ) mentioning theirin that they give me money for investment in any scheme of shares drscribed by me earlier to them. In support of the complaint they produced xerox of earlier cheques which has renewed /extended for next tenure every year , they have no paper in support of complaint of any scheme etc. Police authority did not call me for any enquiry regarding this issue and arrested me next day i.e. 11.02.2015 and produced in court where my lawyer puted all facts in front of hon'ble judge that it is civil case and PDC is lying with complaintant but before due date how anyone can lodged FIR. But unfortunately court denied our plea and concentrated only on the fact that i am broker and my act is not in ordet as in FIR. Court ignored our logic that PDC given by me to make complete payment and i have made 3 instalment too which should be less from the PDC amt.my intention is very clear to make such payment on DUE DATE OF PDC i.e.31.03.2015 . but court did not heared anyyhing from us and even court not demanded any support paper of claimed so called shares scheme , and denied my bail application and relived me for jail ,after 87 days chatgesheet submitted by police than i tried again for bail but lower and session court both rejected it.I got bail ftom BILASPUR HIGHCOURT aftet 4 months and 21 days in prison. Meanwhile on 24.07.15 another money lender lodged new FIR on the same ground and police again searhing me to arrest. I applied for anticipatery bail but again lower and session court rejected it.while again BILASPUR HIGHCOURT given me relief on this ground that this is civil case ( clearly mentioned ) .
MY QUESTIONS ARE-
1. before DUE DATE of PDC any FIR may lodge ?
2. Is it criminal case as police registering continuesly.
3. May i get relief by way of law to protect myself from further this type of unlawful and false activities .
4. how i can lodge FIR against all including police for their unlawful and harrasment activities.
jitendra
(Querist) 22 August 2015
kindly respond urgently
jitendra
(Querist) 22 August 2015
kindly respond urgently
DEFENSE ADVOCATE.-firmaction@g
(Expert) 22 August 2015
Now you have gone through the initial problems and now on bail so now the case will go on for years .
Contest properly at lower court and you can surely come out of it.
Since the other party has interest till you are arrested and now the PP will conduct the case for whom this is one of the case.
If you can afford consult the proper legal help at lower level also and can file counter cases of illegal money lending.
Rajendra K Goyal
(Expert) 23 August 2015
1. FIR lodged may not be related to the due date of cheques.
2. FIR need to be referred regarding crime mentioned in it.
3. Consult your lawyer.
4. Better forget about FIR against police, discuss with your lawyer regarding grounds / scope of FIR on others.
jitendra
(Querist) 24 August 2015
thanks sir for valuable guidance
P. Venu
(Expert) 25 August 2015
It appears that the loan givers having their way because of their influence as government employees. Make a counter and report their activities to their offices with the evidence in your possession.
