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poornimasolanki77@gmail.com (manager)     14 March 2014

Cheque fraud

Respected sir,

I had given money as a help to my mothers friend and as a guarantee she gave cheque she had taken 550000 from me and when i asked for money she refused to pay, i deposited her cheque in the bank and due to insufficient funds the cheque bounced after we deposited the cheque she arranged my mothers cheque from one of the party from whom we forgot to collect the cheque which my mother had given to someone 2 years which and she deposited that in bank and it got bounced due to mismatch of sign and insufficient funds ,we went to police statiob to file the fir under 420 but police didnt file the fir and just wrote our statement , when we didnt leave so they decided to come with us to that ladys place and when she came to police station she said she had given us 60% interest return every month which was 50000 every week return and the cheque which was bounced by her amounted 10 lakh ,how should I go about it and we feel trapped from every side please guide me 



Learning

 2 Replies

HIRAL THAKKAR (ADVOCATE )     14 March 2014

Firstly file a 138 complaint with 420 complaint in the magistrate court if you have sufficient evidence against the other.

Nabamita (Legal Manager)     14 March 2014

Hi Poornima,

1st don’t get agitated…you can get your money back if you follow the right measures. Please note that cheque bouncing itself is a crime. Therefore, you need not worry much. There might be some delay and hurdles but if your case is strong you will surely win. I would suggest you do the following:

  1. Keep the cheque and the insufficient fund slip from the Bank safe.
  2. Keep safe the proof of money paid like if you paid by cheque then the Bank statement and likewise, if any.
  3. You need to send a notice to the defaulter to pay within 30days u/s 138 of NI Act. You can write the noice on your own or consult a lawyer. Please address the letter to the signing authority of the cheque.
  4. Please do some homework on cheque bouncing laws and cases which will help you to plan on the strategies and save you from misguidance from others.
  5. Consult a lawyer who handles cheque bouncing cases.

 

Good Luck!


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