Query regarding against a cheater who taken money promising job in a government company
Baidhya Nath Nayak
(Querist) 25 August 2014
This query is : Resolved
Hi,
I need an advise from the experts here.One of my acquitance has given a person a good amount of money (with lots of difficulty)Its about 3 years ,the person neither fulfileld his promise nor getting my acuitance money refunded.Its a very hard earned and headly managed money .Sometime back he has given him some cheques ,but those cheques will not work as outstanding cheques of Rs 50000 can be cleared ,also he don't have sufficient money in the bank account.
Moreover My acquitance is a bit scared of getting into these issues which involves police.Please advise him, how can gety get his money back .
Please advise with law's angle...We will be thankful to all of you for this kind help .My Conatct number -8697730566
ajay sethi
(Expert) 25 August 2014
you have advanced money for giving bribe to get job in govt organisation . that itself is an offence . money was advanced 3 years back . claim for recovery of money advanced would be barred by limitation . no details have been mentioned by you as to when cheques were issued by said person . whether you had issued legal notice on dishonour of cheques or taken recovery proceedings
Baidhya Nath Nayak
(Querist) 25 August 2014
I was not aware of thsi fact that giving money for getting a job is an offence..How can I rectify my fault which has been commiteed unknowngingly ..Let me know...and How can I get my money back..Is it advisable to lodge an FIR against him ..the cheques were issued 8 montsh back and now legal notice has been issued for dishonor of cheques or taken recovery proceeding..
ajay sethi
(Expert) 25 August 2014
you should not mention that money was given as bribe . only as loan which has not been repaid . contact a local lawyer and issue legal notice for recovery of your outstanding dues
Baidhya Nath Nayak
(Querist) 25 August 2014
Thanks for your valuable response..It was awasome interacting with you ,finding a group of people who are helping the innocent citizens to fall in any trap and educating them with the exact laws,that too free of cost ..I am really thankful to you guys..
I am a law respecting person and thus respecting you guys as well..
Thanks a lot...
Btw the case was for one of my acquitance who raised that query to me ajnd will communcate your valuable response to him ..thanks anyway
Rajendra K Goyal
(Expert) 25 August 2014
You have played a game with the section.
You have said in the query
" I have given a person a good amount of money (with lots of difficulty)for getting my brother a job into a governemnt company(PSU)."
Now you say:
" the case was for one of my acquitance who raised that query to me ajnd will communcate your valuable response to him"
Not a proper plateform for your charity at the cost of others.
Habit not appreciated.
Baidhya Nath Nayak
(Querist) 25 August 2014
@Rajendra K Goyal _ Sir, My acquitance don't have an internet access with him,so I have raised the query to expert team on his behalf.Anyway I will take care of this and will not grow it as habit ..Sincere Apologies...But it was for a good cause..
Sudhir Kumar, Advocate
(Expert) 25 August 2014
many persons make query on this forum in the name of friend. You got the idea after query is replied.
Clear it is your query and no of anyone else.
Sudhir Kumar, Advocate
(Expert) 25 August 2014
I have given a person a good amount of money (with lots of difficulty)for getting my brother a job into a governemnt company(PSU).
Ans:- You probably are one of those persons who believe that job in Govt/PSU can be got by bribe only and not by merit
Person s like you deserve no sympathy. Still point wiswe reply is being given to each query.
Sudhir Kumar, Advocate
(Expert) 25 August 2014
Its about 3 years ,the person neither fulfilled his promise nor getting our money refunded.
Ans:- Why should he refund when he knows that legally you cannot recover. Your description indicates that none of you is honest man and you are no brave man.
Even if it was lawful debt still you have lost limitation to sue him after three years.
Sudhir Kumar, Advocate
(Expert) 25 August 2014
Also he has ruined teh career of my brother .
Ans:- You probably cannot blame him (or anyone else) for what you can “ruined” career.
As apparent from your words your brother had no career in hand which could be spoiled by him.
It is clear your brother was approaching upper age and could not secure a Govt job. It is clear he had no merit.
Sudhir Kumar, Advocate
(Expert) 25 August 2014
Now he is not eligible for that goverment job.
Ans:- You and your brother are to blame for this. What prevented you brother to use this period of three years to either (i) get a Govt job on merit or (ii) do a private job which he can get on merit.
Your brother was perhaps more interested to get a job without merit and suffered for the same.
Sudhir Kumar, Advocate
(Expert) 25 August 2014
Its a very hard earned and headly managed money .
Ans:- You should have spent this money for pious and lawful purpose.
Sudhir Kumar, Advocate
(Expert) 25 August 2014
Sometime back he has given me some cheques ,but those cheques will not work as outstanding cheques of Rs 50000 can be cleared ,also he don't have sufficient money in the bank account.
Ans:- Why should he give you a good for payment cheqe when he intends not to pay you.
You have not intimated when the cheque was given and when bounced.
Further cheque bouncing case can be filed only when there are any lawful due on him.
Sudhir Kumar, Advocate
(Expert) 25 August 2014
Moreover I am a bit scared of getting into these issues which involves police.
Ans:- You should be.
Sudhir Kumar, Advocate
(Expert) 25 August 2014
Please advise me how can I get my money back .
Ans:- Law cannot help you.
Sudhir Kumar, Advocate
(Expert) 25 August 2014
Please advise with law's angle..I also have his voice recorded in my phone which will prove he has taken money from me to give bribe to some one to get my brother's job in a government company .
Ans:- You should produce this recording before SP CBI (or state ACB) of the area so that both of you (may be your brother also) can go to jail.
Sudhir Kumar, Advocate
(Expert) 25 August 2014
I was not aware of thsi fact that giving money for getting a job is an offence.
Ans:- You are now aware. Anyway ignorance of law is never excuse.
Sudhir Kumar, Advocate
(Expert) 25 August 2014
How can I rectify my fault which has been commiteed unknowngingly ..Let me know...
Ans:- By not repeating this.
Sudhir Kumar, Advocate
(Expert) 25 August 2014
Is it advisable to lodge an FIR against him.
Ans:- If FIR is lodged then both of you (may be brother also) can be arrested.
BUT BUT BUT
Police cannot recover your money.
Sudhir Kumar, Advocate
(Expert) 25 August 2014
the cheques were issued 8 montsh back and now legal notice has been issued for dishonor of cheques or taken recovery proceeding..
Ans:- You have not been at all able to describe full facts of cheque bouncing and notice. No dates /details are there. Hence no reply.
Sudhir Kumar, Advocate
(Expert) 25 August 2014
repeated
http://www.lawyersclubindia.com/experts/Monety-taken-in-liue-of-Job-promise-in-government-sector-PSU--492831.asp
Baidhya Nath Nayak
(Querist) 26 August 2014
@Sudhir Kumar :First of all thanks for scrutinizing by each and every line and giving ur valuable response..But it was really for one of my acquirtance..Anyway I got your point ..I will take care that this kind of thing will not be repeated again by me or any of my acquitance in my knowledge,either knowngly or unknownigly ...Thanks again for all your feedback ...I developed an interest in going throuigh all laws in IPC after going through this forum and the expert's reviews so that I can make sure that I adhere to laws in all cases.Thanks again sir.
Sudhir Kumar, Advocate
(Expert) 26 August 2014
" developed an interest in going throuigh all laws in IPC "
this matter is not there in IPC. It is matter of PC Act.
