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PD PUNIA (B)     07 July 2013

Cheque in unknow person hand

I received a legal notice from MP.  In which the layer said his client has given me 1.5 lakhs in Jan2013 and his client is my friend. As a security I have given me a cheque. He lodged the cheque and it was disonured . Layer also told his client told me that for cheque. But facts are follows

1. I am not known the person who is having my cheque me and my family no one knows him as well as my staff.

2. The cheque which he mentioning is our bank but we have closed our transacton for last 5 years and more back.

3. we have not recieve and message from layer client accept leagal notice.

Please advise what I can do.



Learning

 6 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     07 July 2013

Facts are not clear, please give me call".......

 

 

 

Advocate kapil chandna

9911218741

Sudhir Kumar, Advocate (Advocate)     07 July 2013

how cheque reached him?

whom you gave the cheque?

PD PUNIA (B)     08 July 2013

I am also not aware, as I am not using the bank for the last 5 year which cheque is having.  He is telling he is my friend but I do not know.  I am living in Jaipur and he sending legal notice from MP. Neither me nor my family members are belong to MP. Till date he has not called me for back his money which is supposed to me with me as per his version. I enquired my Manager he is also not aware.  But the cheque which is mentioning is belongs to us. I am sure the date and amount is not filled by me because due to urgency(RTGS and small payments) I put  signed cheque at my petrol pump. As transction of this bank closed for the last 5 years, so I did not checked cheque book for last many years. Please advise can I have any other option. I can asked person who has given my cheque to him. If he proves that me and my staff has given him my cheque I am ready to pay his payment .  Please advise.

PD PUNIA (B)     15 July 2013

Dear Sir,

Saturday I received a call from the person whose lawyer has sent me letter back the amount, when I came to know that our ex-Manager has given him the cheque to the person.  I asked my ex- Manager he told due to financial requirement he used my cheque.  He also advised me he has given all the money back to lender only due to interest part, his uncle did not give cheque back. He also proving that he has deposit amount uncle account in various accounts details are available with him. 

I did not know his uncle, but now his uncle/lender is blackmailing me either I have to help to get balance money form my ex-manager or either I have to face 138 NA. As this cheque I belongs to my firm whose owner is my wife.  I asked lender, please give me some more time to help get balance from my ex-manager but he is insisting me back money before 17 June, 2013 either he will proceed further course of action.

One more things I would like to share my ex-Manager are close relative mean ex- Manager blood relation nephew of lender. The ex-Manager has left service from us last 3 years back.  And the cheque which has lodged are not new as per my knowledge all 5 years and more old. Neither me nor my ex-manager put date on the cheque.  The account number of cheque are old account, the banker has changed account number for last 5 years back.

Please advise me remedy.

Abhilasha Almal (owner)     18 July 2013

hi i need help. my husband was the proprietor of a firm which was run by my father in law. he ran this business with his brother. we live in kolkata and business is done in surat. his uncle open a bank a/c in surat in his name . he usedto send the chq book to sign and the same was sent back as in joint family business. now last year due to some family dispute the business was winded up in good faith. we asked him to return the cheque bk he said would to so but did not. we left the matter fearing nothing. now he has issued the same last month to a third party. it was done so so that he in accordance with third party can frame us under charges of sec138 of negotiable act . we do not know what to do .we came to knew this only when we received this notice from third party.

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com)     19 July 2013

Case will be filed and you have to appear and contest the case.

 

Please give complete details after court notice for proper guidance in the matter.


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