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Raj Rajanala (Engineer)     07 May 2011

138 Case on a US Citizen

Hi,

I am a US citizen since 2009 and held Indian citizenship before that. I bought a property in India and one of my friends I thought is a trusted person managed the deal for me in 2007.

I handed this friend of mine a couple of blank cheque to ease the transaction and to make necessary changes clean up in the property I bought. He used one of the cheques for buying the property and kept the other one for himself.

As time passed differences crept up between us and one fine day he sent me a legal notice claiming that he lent me 25 lakhs in 2006 and the cheque I gave him to return the money for 38 lakhs(principal and interest since 2006 to 2010) bounced.  I really didn't borrow money from him.

The postman didn't deliver the legal notice but gave the advocate's number so my father called and had his company lawyer pick up and he conveyed it to me.

I didn't take any action so he filed a case on section 138 at the local court and provided the bounced check and the notice, however he didn't have any proof of lending me 25 lakhs and hence didn't provide any documentation of that to the court because he really didn't lend it to me.

The court has sent summons but since I am not in the country the police person who brought the summon enquired at my home in India and my father mentioned that he doesn't live here. The complainant my so called friend bribed the policeman and has got a statement from him that my father called me in his presence and I asked him not to take the summon. I have not been personally approached with the summons as I am not in the country.

A warrant has been issued on me in this regard. I am wondering about what I should do next. I visit India once in a couple of years and wouldn't be able to attend court unless mandatory. I am planning to visit India this summer and want to see the steps I need to take in this regard.



Learning

 4 Replies

Om Prakash Dhusia (HR assistant)     07 May 2011

Dear Raj:

The cheque itself is the evidence that you owe him the money and no other evidence is needed to prove it.

Kindly contest the case in the court accordingly if ever visiting India and there is no escape if the cheque is genuine.

Regards.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

pervez (adviser)     07 May 2011

Dear Raj,

Pl let me know the various dates, to enable me to suggest you the best remedy....

i. when you had handed over the cheques [ I presume signed] to yr frind..?

ii. when the property was registered..? [ date of completion of transaction]

iii. How many cheques [ with dates]  used by you in the same series... ?

iv. when the last cheque was used. in the same series... ..?

vi. when you came to know about notice and filing of complaint u/s 138 of NI Act by yr friend..?

v. date of filing of complaint u/s 138 of NI Act by yr friend...?

regards

Pervez

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     07 May 2011

Appoint an advocate, he can appear and can apply for cacellation of warrant. Contest the case you will win.

Swapnil A. Lavtawar (Advocate)     23 May 2011

Sir,

      it   will be better for you  to appear before the court and you can seek exemption also. but you will have to be present in court at the time of evidence . your case seems  to be good prima facie . since the other side has to prove liability  of yours to pay him.  appoint a good adv., he will guide u further.

 


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