Cheque bounce
Querist :
Anonymous
(Querist) 24 January 2012
This query is : Resolved
Dear Sir,
I gave a cheque to a friend of mine for some thing. he is a son of ASP in haryana. And for some reason the things got sour between us. Now, the cheque got bounced on the fifth. And i live in Maharashtra, from the 15th he started harrassing me and sending police officer. I mean the police officers were coming to my house in maharshtra without any legal letter and they were like harassing me that pay the money or else the ASP will get an arrest warrant and put you behind bars. I dunno if this is right or no but i need help on what can be done in this. I know this comes under sec 138 but then the cheque was only bounced once and also there is no FIR against me. Please help me and i am also reasy to pay the amount.
ajay sethi
(Expert) 24 January 2012
already advised to you telephonically .lodge police complaint against the said ASp for sending goons to your place and threatening you .
Devajyoti Barman
(Expert) 24 January 2012
Without written complaint and registration of FIR , police can not visit your home so often.
Lodge complaint with the higher authority against police atrocities.
C. P. CHUGH
(Expert) 24 January 2012
When you say you are ready to pay, this means that the cheque was issued against legitimate dues. What ever the circustances be, No Police Officer can call upon you without adequate authority. If some is misusing his position, you must file a written complaint against such person with appropraite authorities. However wait for your friends to call upon you to pay the amount by way of sending a legal notice to you. Reply to legal notice and attach the payment by bank draft, if it is actually payable. The matter end here.
Querist :
Anonymous
(Querist) 24 January 2012
Thank you very much for the replies. @ Mr.Chugh - It is a legitimate payment which i am ready to make. But the check is like only weeks old. And this shows that the person is literally miss using his post. And as discussed with Mr. Sethi and with reference to all your much needed opinions i will lodge a police complaint against the person. But, the only question is that the person is an ASP(Of another state tho) and there is a strong chance that the person can just come after me by using his post.
Querist :
Anonymous
(Querist) 24 January 2012
The Check is 2 weeks old ** submitted only once
Anirudh
(Expert) 24 January 2012
Dear Anonymous,
What do you mean by saying "The Check is 2 weeks old".
Are you not aware when you give the cheque one can deposit it in the bank on the date mentioned in the Cheque? Are you not aware that if the cheque is not honoured on presentation then you are liable under Sec. 138 of the N.I. Act?
And when you say that the cheque was submitted only once - what do you mean? Do you mean to say that having received the cheque from you, one has to go on represent the cheque again and again till they get the money from the bank?
This is certainly not the way to behave.
You say you are ready to pay. BETTER DO NOT PAY BY CASH.
TAKE THE FOLLOWING PRECAUTIONS WITHOUT ANY FEAR, OTHERWISE YOU WILL SUFFER TREMENDOUSLY.
1. Lodge a complaint against the policemen who come and threaten you.
2. When any policemen visit you again, ask them to present the cheque again, or to send a legal notice to which you will reply.
3. When the legal notice comes, (since you say that you are ready to pay), better take out a BANK DEMAND DRAFT (even if involves some bank charges) DRAWN IN THE NAME OF YOUR FRIEND'S NAME.
4. In reply to the legal notice received by you, send a reply (BY REGISTERED POST) stating that since you have been informed that the cheque was bounced, you are hereby paying the amount in lieu of the bounced Cheque No....... dated .... drawn on ......bank, by way of DEMAND DRAFT No..... for Rs...... dated .... DRAWN ON ......
5. PLEASE KEEP SAFELY (i) THE ORIGINAL OF THE COUNTER FOIL OF THE PAY IN SLIP THROUGH WHICH YOU OBTAINED THE DEMAND DRAFT; (ii) PHOTOCOPY OF THE DEMAND DRAFT (iii) ORIGINAL POSTAL RECEIPT FOR HAVING SENT THE DD THROUGH REGD. POST.
