Cheque bounce case
Querist :
Anonymous
(Querist) 21 January 2012
This query is : Resolved
A person cheated me. He promised me to give a govt job for this he demand 55,000rs. I gave him 55,000rs but he did not give me any job. after six month i force him to get my money back. He gave me a cheque of rs- 45,000rs but that cheque was bounced because of not sufficient balance. I made F.I.R. against him but I did not find any response from Police station till 2 months then I went in patiyala house coat along with this cheque and i made a 138 cheque bounce case against him as advocate told me meanwhile near about 2 month the police men called me regarding this complain then i told him that i made a coat case then he told me that you have to come to return this complain. Mistakly I returned complain from there. Now it passed almost 6 months advocate told that he has change the case now it turned to Civil Suit case. I gave him 9,000rs. Can I also complain against advocate in anywhere if he does not do his duty honestly may be he take a money with that guy.
please tell me what would be the outcome of this case. or can I make complain against him again.He did not give me any proof of my case. I have given him that original cheque.
Guest
(Expert) 21 January 2012
HOW YOU GUYS SIMPLY GIVING CIVIL OR CRIMINAL CASE WITHOUT ANY AUTHENTICATION OR FAMILIARITY TO AN UNKNOWN ADVOCATE?. ANYWAY YOU HAVE BEEN CHEATED BY SOME BODY AND YOU SAID TO HAVE BEEN CHEATED BY AN ADVOCATE. iT YOUR FAULT. MEET THE LAWYER IN PERSON AND GET BACK ALL THE THINGS WITH RETURN OF MONEY. IF HE FAILS COMPLAINT IT TO THE BAR COUNCIL
Raj Kumar Makkad
(Expert) 21 January 2012
You would have raised this query when you found have been cheated by someone under the garb of job. Who had told you to take back your complaint?
Who had told you to approach the advocate at such belated stage when he could not have filed criminal case under section 138 NI Act?
Advocate has properly done his duty and has filed civil suit for recovery as no other case would have possible on the basis of bounced case which you handed over to him and kept on sleeping.
I hope you shall replies of our replies on today itself and not after a lapse of 6 months which is a standard period for you to take next action.
prabhakar singh
(Expert) 21 January 2012
FIR was the right action but you withdrew it wrongly.No 138 NI was possible at such belated stage of two months wait after bouncing.
If civil case is filed then it would be with number and date.Is your advocate unknown to you?????????
DEFENSE ADVOCATE.-firmaction@g
(Expert) 21 January 2012
There are some missing links in the story otherwise how it is that he giving money to every body and than crocodile tears.
Arvind Singh Chauhan
(Expert) 21 January 2012
As far as 138 is concerned, as your story says, there is no case because there is no legally enforceable debt. Practice to give and take money for govt.job itself a malpractice.
Opinion about civil suit, is not possible without knowing the facts shown by your lawyer in plaint.
Sudhir Kumar, Advocate
(Expert) 22 January 2012
I agree with Mr Arvind. Civil suit may not be possible for refund of bribe money. Criminal e/138 NI Act would have failed as you had no legally recoverable dues from him. But still there was a possibility.If a person being public servant or claiming familiarity with public servant had taken bribe from you and you gae it then there is a need for criminal case under Prevention of Corruption Act 1988 agianst that person adn you. Every actin aken or proposed to be taken by you is waste of time and money. After two years you will be complaining against three more lawyers when you get no headway even after paying them. Had you not done this court and police drama he would have given you something. You had extra money and you gave him now sit home. People like you who find bribe as a way into Govtr service do not deserve any sympathy.
M/s. Y-not legal services
(Expert) 22 January 2012
yes.. my friend arvind and sudhir sir., both are dispalyed my opinion also..
you cant take action against him as per the given facts..
you are liable to punish..
-tom-
V R SHROFF
(Expert) 22 January 2012
Arvind, Sudhir & Tom think in right direction.
Illegal, Immoral transaction r never supported by Court of Law.
only FIR.
Devajyoti Barman
(Expert) 22 January 2012
Nice to see Arvind's contribution nowadays.
May be prodding few days back little have worked.
Rightly advised above.
Shonee Kapoor
(Expert) 31 January 2012
Nothing more to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
