Strange case
Querist :
Anonymous
(Querist) 31 January 2012
This query is : Resolved
Dear Sir,
I came across a strange incident/case. i need help of experts.
I have lended money to a person few months back. At the time of repayment he gave me a cheque to present in the bank. He signed that cheque before me only. when i presented it in bank it got bounced.
when i enquired i came to know that the cheque does not belong to the person who gave me. it belongs to some xyz. This is nothing but cheating. When i enquired in my circle i came to know that the person who gave me cheque is a litigant person.he is permanent resident of my place only. he is working in a private firm.
now i need help of experts how to approach and resolve my problem
can i file a cheque bounce case ?
is there any other way i can teach lesson to this litigant person ?
V R SHROFF
(Expert) 31 January 2012
Money lending need license
You can issue notice u/s 138 of N I Act
[you need not disclose, it is not his bank a/c ]
(We know, complaint do not stand in NI act, and it fail,
But after a long trial. So he will be harassed.)
If he reply your notice, he accept, cheque was not given from his a/c
It attract cheating 420,
If he give evidence in court, cheque of someone else, he can be compelled to produce that person, as burden of proof on accused, and he commits Two offences.
One --against true a/c holder,
Second, --your case.
He will not proceed just for 20k, so will pay you.
Either way, he will be in trouble.
Adv Shroff
31-01-2012
Querist :
Anonymous
(Querist) 31 January 2012
dear sir, its a small amount. 20000
V R SHROFF
(Expert) 31 January 2012
" At the time of repayment he gave me a cheque to present in the bank. He signed that cheque before me only"
Bare words!!
Raj Kumar Makkad
(Expert) 31 January 2012
You have not mentioned the reason of bouncing. Was it for signature differ or insufficient funds?
Sometime it is seen that account is opened in the name of one person by some other under his own signature means Account in the name of B is opened by A and is also operated accordingly.
This is a clear case of fraud on all counts. The genuine doubt raised by JSDN also gets satisfied by this way when the signature of accused person shall be got verified from signature expert.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 31 January 2012
Other reliable evidence needed that the accused gave the cheque to the holder. It may be fabricated by the holder just to settle other scores.
ajay sethi
(Expert) 31 January 2012
even if amount involveis only Rs 20,000 no harm in issuing elgal notice as suggested by MR shroff .
if he replies to notice and denies having issued the cheque you cn afile complaint for cheating against him .
you should be ready for long drawn battle .
did you at time of giving loan obtain nay letter in writing from accused that loan is given for rs 20,000/?
has he with cheque given any covering letter mentioning issue of cheque?
Querist :
Anonymous
(Querist) 31 January 2012
yes sir. he gave in writing on a white paper that he took money from me at the time of me lending to him.
Querist :
Anonymous
(Querist) 31 January 2012
Dear Rajkumar sir,
whose responsibility is this to get the signature verified by experts
is it my responsibility (complainant) or the other party who gave me the cheque
ajay sethi
(Expert) 31 January 2012
if he has on his own handwriting mentioned the fact that he has taken loan from you it strengthens your case .
if accused denies his signature it is for complainant to prove that accused had signed the cheque . burden of proof is on complainant
Shonee Kapoor
(Expert) 31 January 2012
Sufficiently guided.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudhir Kumar, Advocate
(Expert) 31 January 2012
I cannot understand what is strange about it. Cheating is age old traditional crime.
I agree with Mr Shroff on his curiosity of Money lender License. Generally the person to rent money without license do charge inhumanly high rate of interest between 2 to 5% per month (I have in one case heard of 7% per month). The queriest has not revealed that part as to why did he give loan. How much amount was actually given .
I may be sorry to partially disagree with Mr Shroff, Mr JDSN when the accused is alleged to had written a document the police takes his sample handwriting and in case he exercises rights under Art 20 then his admitted handwriting which can be sent to GEQD for matching. Such forensic test can bring out if as suspected by JDSN that it is or is not fabricated by the complainant. His sample handwriting can also be sent to examination alongwith the questioned document. In normal course of business the holder of cheque is not supposed to get signature and handwriting match before presenting
I may have to agree with Mr Ajay Sethi that in case the debt is not proved then the forgery proof may not have much meaning. The accused can claim it to be gratuitous donation.
