Sec 138
poonam
(Querist) 25 March 2015
This query is : Resolved
Dear Sir,
Is it necessary to have an agreement or receipt for the amount given? secondly can a security cheque can be bounced?
ajay sethi
(Expert) 25 March 2015
academic query . state facts of your case
poonam
(Querist) 26 March 2015
Mr. A had given money on interest in cash to Ms. B. The amount was given at 10% interest. The first amt was of Rs 35000/- the after two weeks 170000/- and than after a week 20000/-.All the amounts were in cash. there is neither an agreement nor a receipt. the amount was taken by Ms B for business and issued security cheques for the same. As the interest amt was also collected in cash. it was also told by Ms. B that she has just started the business so there could be delay in payment but there would be no cheating. Mr. A took a chq of 9 lacs from Ms B.as a security cheque by saying it would be kept as security till she pays the amt. but than he started harassing Ms. B by coming home, firing bad and filthy words and also bounced the cheque without Ms. B knowledge. Ms. B filed a police complain for the harassment which stopped him coming home. Now he has filed a case under Sec 138. Please guide.
Guest
(Expert) 26 March 2015
What is Ms. B to you and how you are related with her problem?
poonam
(Querist) 27 March 2015
its me itself
Guest
(Expert) 27 March 2015
Strange enough, if you had given a cheque of 9 lakhs in lieu of loan of 2.25 lakhs! So, like others, I am also unable to believe that it is a real problem. For me it is just an academic query of a student.
Anyway, if it is a real problem with you, it would be better for you to take paid consultancy or hire services of some good lawyer to fight the case. The petitioner is not likely to be able to prove his claim.
SAINATH DEVALLA
(Expert) 27 March 2015
Poonamji, UR entire query is confusing. How do U say they are security cheques, no other documents at B's disposal.
poonam
(Querist) 28 March 2015
No there is no documentation at all. Only chq taken. As the lender never wanted a bank transaction and use to collect the Amount in Cash. there is neither a document saying that he has given me the amt nor a document which says i have paid he the amt. except for the chq given.
SAINATH DEVALLA
(Expert) 28 March 2015
When B had actually received 2,25,000 in cash when did B give a cheque for 9 lakhs. Now that he has presented the cheque and it got bounced, he will have too send U B a statutory notice to that effect. Everything depends on the contents in the notice.Wait till then.
